23 Ala. 361 | Ala. | 1853
There was, therefore, no error in refusing to give the instruction prayed for by the defendant in the court below.
The counsel supposes this charge to be abstract, as it assumes there was no defined line between the lots claimed by the parties ; but we think the objection not well founded. It was for the jury to determine whether, if there had been a well defined boundary line between them, they would have contributed their money to have a survey made to ascertain the true line.
There was proof conducing to show that no such force or violence was used as is required to sustain this action, and however strongly it may have been opposed by other proof, still it <was for the jury to determine its weight, and the court committed an error in virtually withdrawing it from them.
Let the judgment of the Circuit Court be reversed, and the cause remanded.