Edwards v. Arnold

The judgment recites that plaintiffs' motion ""for judgment of nonsuit on defendants' cross action"" was denied at the close of defendants' evidence but allowed ""at the close of all the evidence."" Affirmative defenses, not a cross action, were pleaded by defendants. In view of the quoted adjudications, this recital in the judgment would seem only to reflect a ruling by the court that defendants' evidence was not sufficient to require submission of an issue relating to defendants' alleged adverse possession under color of title for more than seven years. Since, for reasons stated below, the cause is remanded for trial de novo, we do not discuss defendants' contention that such issue should have been submitted.