Cottle v. Morris

Citations

• 57 Cal. 317

Syllabus

<p>Verdict—IssTEUoirou.—In ejectment, upon the plea of the Statute of Limitations, the jury were instructed that good faith entered into the question of adverse holding; the jury found specially that the possession of the defendant was not upon a claim of right in good faith; they also found that his possession was adverse to plaintiff, and had continued five years; held, that if good faith was material, the verdict was contradictory; and if not material, a new trial should he granted on account of the instruction.</p>