King

After a careful examination of the testimony, we are compelled to say that we do not think the evidence sufficient to sustain the finding that plaintiff was seised in fee of an undivided half of block No. 48, and entitled to possession; or the finding that on the 27th of August, 1862, plaintiff was lawfully possessed of the premises in controversy, and that defendant, Louderback, entered and ousted him. Plaintiff deraigns title through a series of conveyances from one Thorne, but neither title, nor possession, was shown in Thorne. The only actual possession attempted to be shown was in Woolen, one of the intermediate grantors o'f the plaintiff, as long ago as 1853; and the evidence was insufficient, under the decisions of this court, and of our predecessors, to show possession in him. He never occupied, or in any manner used, any portion of the premises for any purpose whatever. There is no shadow of testimony to show occupation, or use. There was an attempt to show a fence made by Woolen, but it is of a very shadowy character; for it turns out on cross-examination in every instance, that although two or three of the witnesses saw a fence which they supposed was around the lot,…