Marsicano

This is an appeal by plaintiff from a judgment in favor of defendant and from an order denying a motion for a new trial in an action in ejectment, to recover possession of a strip of land six and three-quarters inches in width with a uniform depth of fifty-seven feet six inches.

Plaintiff alleges in his complaint that on the first day of May, 1906, and for more than thirty years next prior thereto, he had been the owner and seised in fee and entitled to the possession of the six and three-quarters inches described in his amended complaint; that on said date the defendant unlawfully ejected him therefrom, and has ever since withheld and still wrongfully withholds possession thereof from him, to his injury and damage in the sum of $1,000, for which sum, together with the alleged value of the rents, issues and profits, he prays judgment.

The defendant filed an answer; the cause was tried and the court held against plaintiff and decided that he was never in possession of said strip of land.

Defendant contends that the evidence is insufficient to support the findings.

Ever since the year 1864 plaintiff has been the owner and has held the record title to a certain twenty foot lot on…