Lewon v. Heath

The defendant in error commenced this, an action of ejectment, in the district court of Douglas county to recover the possession of a certain forty-acre tract of land, at the time in the possession of the plaintiff in error. One of the defenses interposed was that of adverse possession for more than the statutory period of ten years. *708After issues joined and on the trial thereof it was of the instructions to the jury,—

“First — That the plaintiff has shown a complete legal title to the premises in controversy, and is in law the legal owner of the premises described in the petition, and is…