Driver v. Fitzpatrick

McCLELLAN, j.

Statutory ejectment instituted by appellee against appellant. In addition to the general affirmative charge with hypothesis, given at plaintiff’s instance, the court, through supplementary statements to the jury, in effect directed a verdict for plaintiff in so far as adverse possession was concerned. Under the tendencies of phases of the evidence designed to show defendant’s adverse possession, under color of title, of the quarter section in question for 10 years —an issue of fact for the jury to determine —this action of the court was error. Shipp v. Shelton, 193 Ala. 658, 69…