Polack v. McGrath

Sawyer, C. J., dissenting:

I think the plaintiff entitled to a judgment on the findings. It seems to me that the findings present a stronger case of possession than was shown when the case was here before, and for this reason I think the former decision not conclusive. In my judgment, the findings show a prior possession in plaintiff’s grantors. I am, therefore, compelled to dissent. I think the judgment should be reversed and judgment for plaintiff entered on the findings.