Tolbert v. Greenwood Cotton Mill

Oxner, J.:

This is an appeal from an order overruling a demurrer by defendant on the ground that the complaint did not state facts sufficient to constitute a cause of action.

Plaintiff alleges that in 1904 he purchased from his brother, Robert R. Tolbert, seven acres of land adjoining other lands owned by him, immediately thereafter enclosed said land with a fence, and has been in open and continuous possession of said property, holding same adversely to the defendant and all others, for a period of more than forty years; that the deed to the seven acre tract was not re corded and a number of…