City of Wahoo v. Nethaway

Oldham, C.

This was an action in ejectment instituted by the plain-' tiff, City of Wahoo, to recover a portion of two of its streets occupied by the defendants. At the trial of the cause in the court below, a jury was waived by consent of the parties and a trial had to the court, where a judgment was rendered in favor of defendants, and plaintiff brings error to this court.

The testimony clearly establishes that defendants, who are husband and wife, had been in possession of the property in dispute for more than 10 years prior to the passage of chapter 79, laws of 1899; that the premises had…