226 F. 434 | 5th Cir. | 1915
1. The evidence adduced in the trial now under review, bearing upon the issue as to the genuineness of the deed from the original grantee of the land sued for, Charles A. Felder, to John A. Veatch, which was a link in the chain of title asserted by the plaintiffs, was like that considered in the opinion rendered on the former writ of error (Houston Oil Co. of Texas v. Goodrich, 213 Fed. 136, 129 C. C. A. 488), in that it was not such as to require a submission by the court tlie jury of the issue of forgery. There was no evidence which furnished substantial support for a finding against the genuineness of that instrument.
5. No claim of the defendants to the land sued for, based upon a statute of limitations other than the five-year statute, was so supported by evidence o.f the required continuous and uninterrupted adverse possession for the prescribed period as to entitle the defendants to a submission'-of the issue to the jury. The evidence on the issue tendered as to adverse possession for five years was not such as to require a finding by the jury in favor of the defendants on that issue. The evidence bearing on that issue "was submitted to* the jury under instructions not subject to adverse criticism from the plaintiffs in error.
The conclusion is that the record does not show the commission of any reversible error, and the judgment is therefore affirmed.