#### CLARENCE ROTEN et al. v. OWEN J. PARKER et al.

(Filed 6 October, 1920.)

Instructions — Verdict Directing — Appeal and Error.

Seld, in this case, a verdict directed upon tbe evidence, if found to be true, was a correct instruction.

Civil actiok, tried before Kerr, J., at April Term, 1920, of ONsnow, upon this issue:

“Are the plaintiffs the owners and entitled to the possession of the lands described in the complaint? Answer: No.’ ”

From the judgment rendered the plaintiffs appealed.

Duffy & Day and Cowper, Whitaker & Allen for plaintiffs.

McLean, Varser, McLean & Stacy, Frank Thompson, and I. M. Bailey for defendants. '

*659Pee CubiaM.

At tbe conclusion of tbe evidence tbe court instructed-tbe jury, if they believed tbe evidence and found tbe facts to be as testified to, tbey would answer tbe issue “No.”

Upon a careful examination of tbe evidence in tbis case we fail to see tbat tbe plaintiff made out even a prima facie title to tbe land in controversy.

No error.