George Shiras, Jr.

“ The plaintiff's counsel requested the court to charge the jury that, in order that possession of land may overcome the title of the true owner, 'there must be a concurrence of the following elements: Such possession must be actual, hostile, exclusive, open, notorious, and continuous for the whole period of ten years. Every element in this enumeration is absolutely essential, and, if one of these elements does not exist, there can be no adverse title acquired,'-and the court did so charge ”

“ On that day defendant's counsel did not appear, and thereupon the court entered an order reciting the foregoing facts, and directing that the bills of exception be filed with the clerk of the court, and that defendant should have 30 days in which to file suggestions of amendment thereto, and continuing the cause till the further order of the court for the purpose of settling, allowing, and signing the bills; and it further appears that on March 1, 1890, the bills of exception were finally signed by the judge and filed. ”

“ In that case it was held, that, when a bill of exceptions is so framed as not to present any question of law in a form to be revised by this court, the judgment must be affirmed, but the facts of the case were thus stated: 'This bill of exceptions has been framed and allowed in disregard of the settled rules of law upon the subject. No ruling upon the evidence is open to revision, because none appear to have been excepted to ”