Sheppard v. T.R. Miller Mill Co., Inc.

Appellants appeal from an adverse judgment determining appellee to be the owner of a 40-acre tract of wild, unimproved, unfenced swamp and timberland located in a remote section of Escambia County.

Two questions are presented on this appeal: I. Whether the "Dead Man's Statute" is applicable so as to exclude certain testimony; and, II. Whether the appellee has established its title by adverse possession. We answer these two questions thusly: I. "No" and II. "Yes" and affirm the trial court's judgment.

Although both appellants and appellee have record chains of title extending back for more than…