Wingler v. Simpson

Franklin, C.

— This is an appeal to the circuit court from a survey. Trial by the court, finding against the survey, and, over a motion for a new trial, a new survey ordered. Error has been assigned upon the overruling of the motion for a *202new trial. The reasons stated in the motion are, admitting improper evidence, that the finding is not sustained by sufficient evidence, and is contrary to law.

The admitted evidence complained of is testimony tending to prove that the appellee had held open, notorious and uninterrupted possession, under color and claim of title, to the land in controversy for…