Gurganus v. Kiker

ON REHEARING

On application for rehearing, defendant contends that the evidence, even its most favorable interpretation to plaintiffs, did not authorize the trial court’s rendition of judgment for the plaintiffs.

The offered bases of defendant’s contention are two:(1) That the plaintiffs’ action was barred by the ten-year statute of limitations (Code of Alabama 1940, Recompiled in 1958, Title 7, Sec. 20), and(2) That the evidence was not sufficient to warrant a finding that plaintiffs, or any of plaintiffs’ remote grantors, or plaintiffs’ immediate grantor, was ever in possession of the subject…