Dill-Cramer-Truitt Corp. v. Downs

There are at least two exceptive assignments of error appearing on the record which make it necessary to remand the cause for another hearing.

The court instructed the jury, inter alia, that in the present action the burden was on the plaintiff to show (1) title out of the State, and (2) adverse possession for seven years under color, or for twenty-one years without color. These instructions, as given, were erroneous.

In actions involving title to real property, where the State is not a party, other than in trials of protested entries laid for the purpose of obtaining grants, the title is…