69 P. 308 | Or. | 1902
delivered the opinion.
This is an action for the recovery of real • property. The plaintiff had a verdict and judgment, and the defendant appeals. The appeal is based upon alleged errors of the trial court in refusing two instructions requested, overruling a motion to set aside the verdict and for a new trial, and in permitting the attorney for plaintiff, in his argument to the jurj^, to argue from facts, no evidence of which had been adduced at the trial.