Osborne v. Clark
Osborne v. Clark
Opinion of the Court
This is an appeal from the judgment in an action of ejectment.
The only error assigned is, that the finding does not respond to the issue of the Statute of Limitations raised by the pleadings.
The complaint was filed April 22,1880. In substance, the
From these probative facts the ultimate fact that the cause of action was not barred by the Statute of Limitations, necessarily results. The finding, therefore, covered the issue, and, as a special verdict, it was sufficient to support the decision and judgment which were given in the case.
Judgment affirmed.
McKinstry and Ross, JJ., concurred,
Reference
- Full Case Name
- R. S. OSBORNE v. M. M. CLARK
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Statute of Limitations—Adverse Possession—Findings—Probative Facts—Presumption of Law.—In an action of ejectment commenced Sept. 22, 1880, in which the defendant pleaded the Statute of Limitations, as to a portion of the land in controversy, the Court found, upon that issue, in effect, that the defendant purchased from a tenant at sufferance of the plaintiffs, and entered into possession of a house standing upon the land in question, but that he did not claim or hold the land adversely to the plaintiffs until about the first day of March, 1878; and it was objected that the finding did not cover the issue as to the statute. Held: From these probative facts the ultimate fact results that the cause of • action was not barred by the statute. The finding therefore covered the issue.