Hauer v. Davidson

Citations

• 113 Miss. 696
• 74 So. 621

Syllabus

<p>1. Tkial. Direction of verdict. Review.</p> <p>Where upon a trial, plaintiff introduced his evidence and rested and thereupon defendant moved to exclude the testimony and for a premptory instruction, which motion being overruled, defendant introduced his own evidence; in such case on appeal the correctness of the judgment rendered must be determined by the whole evidence without reference to the ruling on the motion to exclude.</p> <p>¿. Descent and Distbibtjtion. Eushand and wife. Estate Toy curtesy. Statute.</p> <p>Estates by curtesy were abolished in 1880 and since that time where a wife dies intestate her lands descend to her husband and children as tenants in common and a conveyance of such lands by the husband after her death vest in the grantee only an undivided interest.</p> <p>3. Tenancy in Common. Adverse possession. Cotenants. Presumption.</p> <p>Possession by one cotenant will be presumed not to be hostile to his cotenants unless the contrary is shown.</p> <p>4. Ejectment. Title from common source. Evidence.</p> <p>In the action of ejectment in this case the court held that the evidence set out in its opinion, failed to show that a complete paper title was in plaintiff or that she and defendant claimed from a common source.</p>