Eidson v. Perry National Bank

TIREY, Justice.

This is a suit in trespass to try title. At the conclusion of the testimony the Court overruled appellants’ motion for peremptory instruction and submitted six issues to the jury. Since the jury, under the Court’s instructions, did not answer issues two and three, we quote substantially only issues one, four, five and six:

“(1) Do you find from a preponderance of the evidence that James A. Eidson, either in person or through a tenant or tenants, or partly in person and partly through a tenant or tenants, held exclusive peaceable and adverse possession of the land in controversy…