Bank of Eagle v. Pentland

The testimony fails to show that the use made of the land in question was hostile or adverse to the title of the appellant. “The testimony shows simply occupancy and use. The law has been settled in this state, by repeated decisions, that evidence of adverse possession is always to be construed strictly, and every presumption is *42to be made in favor of the true owner. . . . Adverse possession is not to be made out by .inference, but by clear' and positive proof; and one in possession of land to which'he has no claim of title is presumed to be in possession in amity with and in subservience to…