ELLETT, Justice:
The defendants in a quiet title action appeal from an adverse judgment rendered by the court sitting without a jury.
At trial the court adopted the pretrial order, which among other things stated the agreed facts to be:
(A) Plaintiff is the record owner of the property in dispute and he and his predecessors in interest have always paid the taxes on the same.
(B) Defendants presently have possession of said property in dispute...
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