Moore v. Stephens

Wyatt, Justice.

The verdict was amply supported by the evidence. The general grounds of the motion for new trial are without merit.

Complaint is made that the court erred in failing to charge on title by prescription, it being the movant’s contention that this issue was presented by the pleadings and the evidence. Irrespective of whether the petition alleged title by prescription, the evidence did not raise this issue, either upon the theory of seven years’ adverse possession under written evidence of title (Code, § 85-407), or actual adverse possession for twenty years (Code, § 85-406).

This…