Powell

This is an action of ejectment, in which a jury was waived, and the facts, as weH as the law, were submitted to the decision of the court.

The plaintiff, in his complaint, describes two tracts of land, to which he alleges the right of possession, averring that the defendant has wrongfully seized and unlawfully detains an undescribed portion of the first tract and all of the second tract. The answer denies an entry upon any portion of the first tract, hut admits the possession and adverse holding of eighty acres of the second described tract, denying, however, the plaintiff’s right of possession.

As matter of fact, I find, that the first described tract was stepped off by the plaintiff’s agent in 1858 ; that four posts, about four inches square, were set up at the four corners of that tract so stepped off; that one of the posts projected above the surface about four feet, and the other three, about two feet; that one of the posts was marked with an X, and another with a P ; that the land so marked was well timbered, and that from no one point could all the stakes be seen; that it does not appear how many acres were contained in the area described by said posts; that on a portion…