According to the evidence set out in this . record, and the contract between appellant and Boggers, the assignor of appellee, the former was in possession — if not .. exclusively as owner, at least as tenant in common, during the year with the latter.—Thompson v. Mawhinney et al. 17 Ala. 363 ; Bennett v. Bullock, 35 Penn. St. 364. In such a relation of the parties towards each other and to the land, ■.the action of trespass quare clausum fregit could not be maintained by Peterson against McGehee for the acts of
The judgment of the City Court must be reversed, and -.the cause remanded.