Cox v. Malone

CULLEN, Commissioner.

Leslie Cox and wife, owners of a tract of farm land, brought action against their neighbors to the east, the Malones, to quiet title to a disputed area of land and to recover damages for timber cut by the Ma-lones. At the close of all the evidence the court directed a verdict for the defendants and entered judgment dismissing the action. The Coxes have appealed.

The Coxes based their claim on adverse possession under color of title. Admittedly they had not exerted acts of physical possession of the area in dispute, a tract of hilly woodland, but they relied on the rule…