Staggs v. Joseph

Hart, J.,

(atfer stating the facts). Under onr practice, where both parties request a peremptory instruction and do nothing more, they thereby submit the case to the court, and the finding of the court has the same binding effect as .the verdict of a jury, and it will be affirmed on appeal if the testimony is legally sufficient to warrant such finding. St. L. S. W. Ry. Co.v. Mulkey, 100 Ark. 71, and Watkins v. Louisiana State Life Ins. Co., 151 Ark. 596.

T. J. Higdon is the common source of title to both parties in this case. He executed a quitclaim deed to said lands to Lee Costly, which is in…