Henry Billings Brown

“ Had all the lands within the inclosure belonged to the plaintiff, the action of the defendant in excluding others therefrom would have been evidence from which the jury might reasonably infer that defendant claimed the exclusive right of possession of the lands ”

“ The verdict and judgment in that case settled the fact that the defendant was in the use and occupation of said lands up to February 5, 1890, and, in the absence of evidence to the contrary, such possession would be presumed to continue after that date. Possession of real property once proven to exist is presumed to continue. ”

“ In this connection, too, defendant requested the further charge that, where several persons own separate tracts of land in the same inclosure, each one has the right to place enough stock therein to consume the grass upon his part of the lands, and is not liable to the others therefor; but, if he places therein more stock than his part of the land will reasonably maintain, he will be liable to the other owners for the excess, and no more ”