Hatley v. . Hammer

Pee Curiam.

On 12 April, 1884,. Joseph Riddle and bis wife executed a mortgage to John Williams conveying tbe land in controversy. Tbe mortgage was registered 7 May, 1884, and some time after Christmas, 1889, tbe land was sold under tbe power conferred by tbe mortgagors. J. J. Hatley became tbe bigbest bidder, but Jobn Williams took tbe land and went into possession. There was evidence for tbe plaintiffs tending to show continuous possession by themselves and those under whom they claim title until 1897, and afterwards in 1901 and 1902. There was other evidence also; but on behalf of the defendants there was at least some evidence in contradiction, the probative force of which was a matter for the jury. Under these circumstances a directed verdict was improper, and for this reason the defendants are entitled to a

New trial.