APPEAL from judgment of Smith, A.C.J., at Accra, dated 20th February, 1905.
This is an appeal from the judgment of Smith, Acting Chief Justice, at Accra, date the 20th of February, 1905.
The plaintiffs Wiapa and Obuobi are members of the Nyago family, at Tutu, a town in Akropong. The defendant Akuffo is the Omanhene of Akwapim, and he claims th the land by right of his stool on behalf of all Akwapim. The other defendant, Solomon, claims by purchase from Akuffo as Omanhene. According to the plaintiff Wiapa, Nto, a predecessor of the Nyago family, of Tutu, went to the land in question many years ago. At that time plaintiff admitted that the land belonged to no one. He further stated that he was told that the land was originally the property of Akwamus, the former inhabitants of the present Akwapim country. Upon these admissions Mr. Sarbah, for the appellants, argued that if this land was no one's land and was within the Akwapim country, it must have been attached to the Akwapim stool, and…