Mhoon v. Cain

COLLARD, Judge.

—We do not think the evidence in this case justifies the conclusion that defendant’s possession was adverse to the title of the owner for the full period of ten years before the institution of the suit. The possession must be adverse to meet the terms of the statute. To be adverse it must amount to a disseisin of the owner. An occupation, use, and enjoyment such as amounts to a trespass, or a “possession with the exercise of such rights as pertain to an owner alone, would be deemed sufficient evidence of adverse claim, in the absence of some evi*318dence indicating that the land is…