Burdell

— This is an action in ejectment to recover possession of certain parcels of land claimed by the plaintiff. The trial was bad before a jury, who returned a verdict for the plaintiff; judgment was thereupon rendered, from which, and an order refusing a new trial, the defendant appeals.

One ground of error claimed is, that the evidence does not support the verdict.

The plaintiff claimed title through certain state patents to swamp and overflowed land, surveys numbered 56 and 61, and certain mesne conveyances made under those patents.

The defendant claimed some of the land in controversy as being within the lines of a Mexican land grant to which he had title, and by virtue of a certain state patent of swamp and overflowed land, survey No. 55, and by adverse possession for five years.

We think the evidence sufficient to show that no such adverse possession ever took place.

The real conflict in the matter was as to whether the land in controversy lay within the patents for surveys Nos. 61 and 56, or lay within the Mexican grant and the state patent for survey No. 55.

The county surveyor who made all the original surveys for these patents, Mr. Easkoot, and Mr. Dodge, who succeeded…