108 Ala. 327 | Ala. | 1895
The present suit was instituted by the appellant to recover possession of a parcel of land held by the defendant. The action is for an unlawful
The testimony of plaintiff and his witnesses and defendant and his witnesses was in direct conflict, and the jury alone were competent to determine the truth of the controverted facts. The testimony of the plaintiff tended to show a prior actual occupancy and cultivation of the land by him, the entry of defendant, who was the son-in-law of plaintiff, by his permission, the continued occupancy under such permission, notice to defendant, that he must pay rent, his repeated promises to pay rent to plaintiff made within less than three years, as shown by different witnesses. If the jury should find this evidence to be true, the statute of limitation of three years did not bar the action, and the plaintiff would be entitled to recover. — King v. Bolling, 77 Ala. 594.
On the other hand, if the jury should find that the defendant at no time held possession under the permission of the plaintiff, and did not agree to pay the plaintiff rent for the land, or that the statute of limitation of three years had effected a bar to the action as provided in section 3390 of the Code, the plaintiff could not recover. The evidence on these questions being in direct conflict, it was error for the court to give the affirmative charge for the defendant. Titles cannot be enquired
Reversed and remanded.