Sears v. Taylor

This was an action of ejectment brought by the appellee for the possession of a parcel of the public domain, described as placer-mining ground, and which appellee claimed by right of possession.

There was a verdict and judgment, in the court below, for the plaintiff, from which the defendant appealed to this court; and error is assigned by appellant, upon exceptions to certain evidence given on behalf of appellee, at the trial, and for the giving of the following instructions to the jury by the court upon its own motion :

*391. “If the plaintiff had actual possession of the premises in controversy,…