Pruitt v. Lynch

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The special grounds of the motion for new trial complain because the trial court charged the jury the law concerning title by prescription, and on the subject of acquiescence of adjoining landowners for seven years. Counsel for the plaintiff in error do not complain that the excerpts from the charge are not sound abstract principles of law, but the criticism is that there was no issue or evidence to support the charge, and that therefore the instruction was misleading and confusing to the jury.

While the defendants in their…