2 Indian Terr. 509 | Ct. App. Ind. Terr. | 1899
1. The first error assigned by the appellants in their brief is that the trial court erred in excluding the judgment of the same court rendered at its March term, 1896, in an action of unlawful detainer, in which Joel H. Nail was plaintiff,, and McKee Robinson and Mrs. Ibbie Covington were defendants, for the possession of these same premises and improvements. Under section 3867 of Mans
2. The second and third errors assigned by counse^ for appellant, and preserved by the appellant in his motion for a nqw trial and bill of exceptions, and alleged in his brief, are that the trial court erred in refusing to instruct the jury as follows: “If you believe from the evidence in the case that the plaintiff has been out of the possession of the premises sued for herein more than five years next before the commencement of this action, you will find for the defendants;” and, “if you believe from the evidence in this case that the defendants, by themselves or through Mrs. Ibbie Covington, have been in possession of the premises, and held them openly and adversely to the plaintiff, for a period of more than seven years, you will find the issues in favor of the defendants.” These two requests of the appellant to instruct the jury are evidently based upon the following sections of Mansfields Digest: Section 4471, which provides that “no person or persons, or their heirs, shall have, sue,' or maintain any action or suit, either in law or in equity, for any lands, tenements, or hereditaments but within seven years next after his, her or their right to commence, have or maintain such suit shall have come, fallen or accrued.” And section 4476, which is as follows: “No