Harden v. Morton

Reid, Chief Justice.

The first complaint as represented by grounds 1 and 2 of the amendment to the motion is that the court erred in refusing to submit to the jury the defendant’s contention that there was a conclusive presumption of gift to the son by reason of the possession by the son for more than seven years without the payment of rent, and without any claim of dominion by the father, or disclaimer of title by the son. This same error is charged in another way by the contention that the judge should have instructed the jury in terms of the Code, § 48-106, which provides: “The exclusive…