Shelly v. Grainger

Tbe defendants made motions for judgment as of non-suit at tbe close of plaintiffs’ evidence and at tbe close of all tbe evidence. C. S., 567. Tbe court below overruled these motions and in this we can see no error.

Tbe defendants claim that tbe burden was on plaintiff to show adverse possession and there was no sufficient evidence to be submitted to tbe jury on this aspect, therefore plaintiffs ought to have been nonsuited. We cannot so bold.

It is well settled in this jurisdiction that in an action of ejectment, plaintiff must recover, if at all, on tbe strength of bis own title, and not on…