Millard v. Richard

This is a possessory action relative to a tract of land. There was a judgment for the defendant, and the plaintiff has appealed.

Tho view we have taken of the case renders it unnecessary to notice the bills of exceptions.

It was incumbent upon the plaintiff to prove that he had the real and actual possession of the property at the instant when the disturbance occurred, a mere civil or legal possession not being sufficient, and that he had suffered a real disturbance cither in fact or in law, within a year befm-e suit was brought. C. P. 49.

The evidence fails to show these necessary facts. The…