Bailey v. Hayman

Upon tbe issues submitted tbe court instructed tbe jury as follows :

“These issues go band in band and I see no reason to talk about them severally and every reason to talk about them, one in conjunction with tbe other.” “Tbe burden of these two issues is upon tbe plaintiffs to satisfy you that tbe defendant is not sole seized of this property, and to satisfy you that they are tenants in common with tbe defendant in this tract of land contended for in this action along with tbe plaintiffs.”

While tbe second issue, under tbe pleadings and evidence, is tbe one that should be submitted to tbe…