Phillips v. Wheeler

Duckworth, Chief Justice.

1. Where, as here, there was evidence that the dividing line between the lands of the parties was as contended by the defendant, but also evidence that the plaintiff was in actual posses*604sion of some of the land over this line, having- had it under fence and cultivation for more than 20 years up to the line which he alleges is the true dividing line established by agreement between the plaintiff and a predecessor in title of the defendant, the court did not err in charging the jury that, if the jury found by a preponderance of the evidence that the line is as contended…