Baldwin

This is an action to recover possession of two small tracts of land. Plaintiffs failed to recover, and now appeal from an order denying their motion for a new trial.

Defendant relied upon the statute of limitations, and the trial court found in his favor upon that plea. This" finding of the court is assailed as not supported by the evidence, and the evidence upon that issue is before us. Defendant made no claim of title founded upon a written instrument, judgment, or decree; hence he was bound to show possession and occupancy, by proof of a substantial enclosure, or that these two tracts of land had been usually cultivated or improved for a continuous period of five years. Appellant quotes quite largely from the evidence of the defendant as to his acts of possession, and then insists that such evidence fails to satisfy the statute. It is but fair to the defendant that his evidence should be weighed and considered as a whole, and that he should not be bound, in this court at least, by those *627 portions of it which are against him as against other portions that stand in his favor. Again, there is evidence in the record more favorable to him even than his own testimony. This…