No. 3592.

321 S.W.2d 127 (1959)

CHAMPION PAPER & FIBRE COMPANY, Appellant, v. H. R. WOODING et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 26, 1959.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, M. C. Chiles, Houston, B. F. Whitworth, Jasper, for appellant.

Joe H. Tonahill, John H. Seale, Jasper, for appellees.

TIREY, Justice.

This action is one in trespass to try title. At the conclusion of the testimony the court overruled plaintiff's motion for an instructed verdict. Absent the burden of proof clause, the court submitted the following issues to the jury:

"1. Do you find * * * that plaintiff, or those through whom it claims, either themselves or through a tenant or tenants, have held peaceable and adverse possession of the 16.14 acres of land in controversy, cultivating...

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