Wiley v. Warmock

By the Court.

Lumpkin, J.,

delivering the opinion.

We think the Court erred in charging the jury that if Wiley inclosed a part of the lot No. 229, around the pond, simply to avoid making a fence through the water, and not under claim of title, then the statute did not bar the plaintiffs, and they would be entitled to recover.

Wiley owned a large body of land, some thirteen hundred acres, conveyed to him by Shotwell, and of which tract the lot in dispute made a part. -He seeks to sustain his plea of the statute upon two grounds: 1st. That his occupation of a part of this tract is an occupation of…