McDyer v. Scaggs

Opinion by

Judge Pryor:

The action in this case was originally in the nature of an ejectment, but finally transferred to the equity docket. The appellants and appellee both claim to own the land in controversy, with the *598appellee in possession and nothing prevents that possession from barring the right of recovery but the disabilities under which the appellants say they were laboring while the appellee held and claimed the land as his own. Without discussing the effect of the pleadings or the necessity of proof on the part of appellants showing that their alleged disability existed, the…