Lea v. Dudley
Lea v. Dudley
Opinion of the Court
Plaintiffs contend that the evidence, as a matter of law, was insufficient to allow the jury to consider defendants’ claim of title by adverse possession and urges, therefore, that it was error to deny their motions for directed verdict and judgment notwithstanding the verdict. The thrust of plaintiffs’ argument appears to be that there was no evidence that defendants’ possession was hostile so as to rebut the presumption that it was
Plaintiffs contend that it was error to admit the notice of sheriff’s levy and certificate of tax sale. We cannot sustain the contention. The parties stipulated that the documents were genuine and, if relevant and material, could be received without further identification or proof. The documents were relevant to show the hostile interest with which L. L. Dudley possessed the land and the notoriety of that possession.
Plaintiffs also contend that it was error to admit evidence of declarations of L. L. Dudley to the effect that he had bought the land and that it “belonged to him.” At the time Dudley is reported to have made the declarations he was in possession of the land and they were, therefore, admissible to show that he claimed to possess as the real owner.
One of the witnesses for defendants testified that L. L. Dudley “signed an easement” across the property and this is the subject of another of plaintiffs’ exceptions. We see no error prejudicial to plaintiffs. It was stipulated that the document was genuine and it was introduced into evidence.
We. have carefully considered all of the assignments of error brought forward by plaintiffs. The case was well tried by able counsel before a fair and impartial judge. We find no
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.