May v. Culpepper

This is an action of ejectment, wherein appellant, the defendant in the circuit court, relied upon adverse possession as a defense. The evidence upon that issue was in conflict to the extent that a peremptory charge for either party would not have been proper and was not requested.

At the request of the plaintiff, appellee here, there was granted by the court the following instruction: ‘ ‘ The court instructs the jury that if the occupancy and claim of title asserted by the defendant has been questioned or disputed, then the defendant cannot be given a verdict. ’ ’ Under the laws of some few…