Opinion of the court delivered by
This suit was brought by the corporation of the town of Victoria to recover certain lots of land within the town tract. It was brought against A. M. Wigginton, who was in possession. On the application of Kemper, appellant’s intestate, as landlord of Wigginton, he was substituted as defendant, and set up title in himself. There are many points reserved by the different bills of exception taken in the progress of the trial. It will be found that most of them have been disposed of in the opinion of this court in a case between these parties tried in Jackson county, brought up by appeal. It will not be necessary to consider but one ground out of the many presented. After a verdict for the plaintiff in the court below, a new trial was asked on the ground of the verdict being contrary to evidence, and refused by the court.
It was in evidence that one Esparsa was found in the possession of the lot in question in 1832; that he continued to occupy it until 1836; cultivated the land, and built thereon a