
    Charles L. Mathews et al., vs. Catherine Castleberry. Ejectment, from Clay.
    1. Where, upon the trial of an issue formed under section 2670 of the Code, relative to the genuineness of a deed, the instrument put in issue was over thirty years old at the time of the trial, and came from the proper custody, and with possession under it, and bearing upon its face marks of genuineness:
    Held, That such instrument proved itself, and did not need evidence of its execution, and the issue provided by such section of the Code did not apply to such instrument, and the verdict of the jury sustaining it was in accordance with law.
    2. When after the finding of such issue the case proceeded to the jury, and the defendant showed his purchase in 1850 and his deed, and that he went iuto possession in the year 1851, and had exercised such acts of dominion over it as are usual by the owners of land, by cutting timber off it, and cultivating it, and by making valuable improvements on it in 1856, and living upon it until his death, in 1863:
    
      Held, That the proof of possession was sufficient to sustain the verdict of the jury for the defendant, setting up such statutory title with claim of right.
    
    (The above head notes belong on page 346.)
   Lochrane, Chief Justice.  