Tobin v. Young

The controversy in this case is as to the ownership and right of possession of one hundred acres of land; the appellants claim title through Lafayette Young, deceased, and the appellee claims that he is the owner and that Lafayette Young was his tenant.

It is established by our decisions that where there is a conflict in the evidence this court will not attempt to determine on which side the weight is, but will accept as proof of the facts the evidence which the jury and the trial court acted upon, and will apply the law to the facts thus established. It is only where there is no legitimate…