Thurman v. Smith

* NOTE: Opinion filed at October Term, 1930. March 31, 1931; motion for rehearing overruled at April Term, May 21, 1931. This is a suit in ejectment for eighty acres of land in Washington County, though by stipulation of the parties only thirty-one acres is in controversy. The answer sets up title to the thirty-one acres by reason of adverse possession under claim of title for more than ten years. The trial resulted in a verdict of the jury in favor of defendant. On affidavit filed by plaintiffs an appeal was allowed to this court.

At the threshhold of this case there is forced on us the…