Gordon

This is an action of ejectment brought upon an execution title. The case was tried by the court without the intervention of a jury. The judgment was for the plaintiff, and thereupon the defendants moved for a new trial, which was denied. The appeal is taken from the judgment, and the order denying the motion for a new trial.

The premises in question were sold under execution against the defendant Harvey Dickinson and purchased by the plaintiff, who, in due course of law, obtained a deed therefor from the sheriff by whom they were sold. At the time of the levy and sale the property stood in the name of M. N. Cowen, who, as the plaintiff alleges, was the wife of Harvey Dickinson, which, however, is denied by the other side. The plaintiff claims that the property is the common property of both, and therefore liable to be taken in execution for the husband’s debts. The defendants claim that the property is the separate estate of M. N. Cowen, alias Dickinson. M. N. Cowen also interposes a claim of homestead. The principal question at the trial Avas as to whether the defendants Dickinson and M. N. CoAven Dickinson were husband and wife. In support of the allegation that they were such…