2 Indian Terr. 504 | Ct. App. Ind. Terr. | 1899
The only question which it will be necessary to consider and determine here is whether or not the appellees ’ right of action was barred by the statute of limitations on February 6, 1896, when this action was instituted in the trial court. The question was properly raised by the defendant in the trial court by his answer; by his objection to the admission of any testimony upon the part of the' plaintiffs, made at the commencement of the trial on account of the insufficiency of the complaint; by his request made to the court at the close of the testimony to direct the jury to return a verdict for the defendant; and by his request made to the court to charge the jury, in substance, that if the plaintiffs or those under whom they claimed, had been five years out of possession of the premises sued for before the commencement of this action, they should return a verdict for the defendant, — all of which were overruled by the trial court, exception saved, and the matter properly presented for review here. It appears of record and is admitted that the plaintiffs and those under whom they claim 1 ad been out of possession since December, 1889; that the star áte of limi