Kalamakee ex rel. Keiki v. Wharton

OPINION OF THE COURT BY

PERRY, J.

This is an action to quiet title, instituted in January, 1900. On exceptions from the first trial this court in November, 1904, set aside a verdict for plaintiff, holding that upon the *473■undisputed evidence of adverse possession a verdict should have been directed for the defendants, and ordered a new trial. At the second trial had in January, 1906, the court, evidently regarding the evidence as being practically the same as that adduced at the first trial, directed a verdict for the defendants. Plaintiff excepts.

The bill of exceptions, although filed in…