Wilson v. Chandler

The trial court excluded the defendant’s proffered testimony by which he sought to establish title to the locus in quo by adverse possession. The exclusion of this testimony forms the basis of the defendant’s chief assignments of error.

The proffered testimony appears to have been excluded on the theory that the pleadings laid no foundation for its reception. The exceptions thus put to test the sufficiency of the defendant’s answer.

It is alleged in paragraph 2 of the complaint: “That the plaintiffs are the owners in fee simple and in possession of” certain described land.

In paragraph 2 of the…