Tucker v. Long

Atkinson, Presiding Justice.

(After stating the foregoing *732facts.)

In the first special ground, exception is taken to the charge that prescription shall not run in cases of fraud, the contention being that there was no evidence as to fraud. Each party was claiming by prescription. There was evidence for the petitioner that, during the period his predecessors in title were in possession of a portion of the land described in their deeds, there was never anyone that made any claim to the five acres in dispute; and the defendant testified that, at the time he purchased his land, he had no notice…