30 W. Va. 103 | W. Va. | 1887
The evidence in the demurrer tended to prove, that the
Applying to this demurrer the well-settled rule of law, that upon a demurrer to evidence the demurrant allows full credit to all the evidence of the demurree, and admits all facts directly proved by, or that a jury might fairly infer from it, there is no difficulty in reaching a correct conclusion. The defendant offered no evidence, and there is no conflict in that offered by the plaintiff. The property in controversy was purchased from a stranger seven or eight years before the death of her father, who until his death regarded and treated it as the property of the plaintiff, while using it himself, or permitting any other person to use it, during all of which time it was in her exclusive possession and control, as much as any property which she might acquire could be. A jury might fairly have inferred that the property was the property of the plaintiff; and if,
We are therefore of opinion that there is no error in the judgment of the Circuit Court of Harrison county, and the same is affirmed, with costs to the defendant in error, and damages according to law.
Aette-med.