Bennett v. Taylor

The' respondent having abandoned his general grounds and all but one of the special grounds, we will consider only special ground 4 of the motion for new trial. This ground insists that the trial judge erred in charging the jury: “Where actual possession has been had under a claim of right for more than seven years, such claim shall be respected and the line so marked as not to interfere with such possession. Actual possession of lands, as defined by the law, is evidenced by enclosure, cultivation, or any use and occupation thereof, which is so notorious as to attract the attention of every…