Burks v. Cox

Opinion op the Court by

William Rogers Ola's, Commissioner —

Granting Rehearing, Withdrawing Former Opinion and Affirming.

Upon reconsideration of this case, we find that defendant, Burks, admits in his answer that plaintiff, Cox, was in possession of the premises in question at the time of the filing of the action. His prior possession, therefore, being prima facie evidence of title, plaintiff could maintain this action of trespass against the defendant, Burks, provided the latter entered without color of title, and ousted him of possession. Tucker, &c. v. Phillips, 2 Metc., 416; Campbell v.…