of defendant, and paid for certain iron, and they sought a recovery on the theory that the iron purchased was not of the quality and suitable for the purposes represented. The following correspondence shows the contract of sale:

"Chickies, Pa., October 1, 86. J. H. Sternbergh, Esq., Reading, Pa.-Dear Sir: We beg to advise you that the Chickies Rolling Mill are now under contract to make muck bars for us, exclusively out of Chickies pig, and the quality is superior to anything ever produced heretofore at this mill; the idea being to turn out a high grade bar, only, for special purposes. We think they are just what you want, and, when you are in the market, would be pleased to quote you prices. Yours, truly, Horace L. Haldeman, Treas."

Yours

"Reading, Pa., October 2, 1886. Chickies Iron Co., Chickies, Pa.-Dear Sir: of the 1st October is received. Do you think you could furnish muck bars of such a quality that would be suitable for boiler rivets, at a moderate price? We use 3 in. wide and 4 in. wide, and sometimes 6 in. wide, bars,-principally, 3 in. and 4 in. We want, also, a good quality for bolts, and by the term 'good' we mean first quality,-a quality that will bend double cold in the bolt rod without showing a sign of fracture; well boiled, fibrous iron; free from red shortness, or any crystalline structure. But our requirements for rivet stock are exacting. We must have the very best quality for this purpose, and we should want it right

long, all the time, of the same quality, if we found it satisfactory. The market is always low for boiler rivets, and we should have to buy at a low price in order to compete with other makers. What are called 'good' muck bars, as ordinarily understood, we find, would not answer our purpose for rivets. Will you be kiud enough to consider this inquiry, and advise us what you could do? And quote price f. o. b. here. Yours, truly, J. H. Sternbergh & Son."

"Chickies, Pa., October 4, 1886. Messrs. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: Your favor of the 2d inst. is rec'd. We believe you have used a considerable number of bars made at Chickies Rolling Mill. We consider those now made as better than any heretofore produced at this mill. The sizes they make are 3 in. & 4 in. As the best way of finding out whether the bars will answer your purpose is to try them, we suggest that you take a sample car load, for which our price will be $30.50 per ton, f. o. b. cars here. Yours, truly, Horace L. Haldeman, Treas."

Re

"Reading, Pa., October 25, 1886. Chickies Iron Co., Chickies, Pa.-Dear Sirs: ferring to your letters of October 1st and 4th, and our letter of the 2d, we now inclose an order for one car load of 3 in. muck bars, and a car load of 4in., at $30.50 per ton on board cars at Chickies. This fron is wanted for rivetstock. It must be the best you can make for the purpose. Cold short or hot short iron will not an. swer. Must be an iron that will weld readily, also-strong, fibrous, neutral iron. We wish to try it, and see whether it will

suit our purpose or not, and we therefore beg to ask your careful attention. Make and ship as soon as possible. Make it us thin as you can,-1⁄2 in. thick, if possible. Yours, truly, J. H. Sternbergh & Son."

"Reading, Pa., October 25, 1886. Chickies Iron Co.-Dear Sirs: Please send me, by P. & R. R. R. Co., with bill numbered 2,884, 1 car load muck bars, 4x, if possible, or as thin as you can. 1 car load muck bars, 3x, if possible, or as thin as you can, best quality, strictly neutral, for rivet stock, at $30.50 f.o.b. cars Chickies. J. H. Sternbergh & Son.'

"Chickies, Pa., October 26, '86. Messrs. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: Your favor of the 25th inst. is rec'd, with order for 20 tons 3 in. and 20 tons 4 in. muck bars, which we have booked, and will try and get off the 4 in. to-morrow, and the 3 in. the day following. The thickness of all the bars we make is in. Can't get them down to 1⁄2 in., but will have them screw rolls down at mill, and come as near to it as they can. With thanks for order, we remain, yours, truly, Horace L. Haldeman, Treas.

"Chickies, Pa., October 28, 1886. Messrs. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: We to-day ship you, per m'f'st berewith, 20 tons 3-in. muck bars, completing your order for forty tons, for which we inclose bill, am't'g to $1,220. Hoping soon to be favored with your fur. ther orders, we remain, yours, Horace L. Haldeman, Treasurer.

truly,

Chick

"Reading, Pa., November 4, 1886. ies Iron Co, Chickies, Pa.-Dear Sirs: We bave received the muck bars you sent us, and have tested them for quality for boiler rivets, and find that they will not answer. We send you by mail a few pieces rolled into -in. round and broken cold, hammered and bent at a red heat and higher temperature, showing that the material cracks at a bright red heat. It also cracks in rolling. You have evidently got too much red short metal in your mixture. In addition to this, the bars do not weld readily. We cannot understand why. If you think you can furnish a strictly neutral quality, that will, when broken down into flats, and rerolled into rivet stock, make a good, tough, fibrous, strong, neutral quality of iron, we should be glad to hear from you; but it must be of the character that will readily weld, so as to make a solid rivet. Yours, truly. J. H. Sternbergh & Son.

"Chickies, Pa., November 5, 1886. Messrs. J. H. Sternbergh & Son, Reading, Pa., Gentlemen: Your valued favor of the 4th inst. is rec'd. We are exceedingly sorry that our bars are too red short for your purposes. We considered them neutral, especially as this is the first complaint we have had, although we have been making them for two months, and during that time furnished one party 100 tons for rivets. When you are again in want of any more, we might be able to change our mixture by using a slight quantity of cold short pig with ours, and thus turn out a bar that would suit you. By giving us a little notice we would, at most any time, make you a sample car load. Yours, truly, Horace L. Haldeman, Treasurer.

"

"Reading, Pa., November 8, 1886. Chick ies Iron Co., Chickies, Pa.-Dear Sirs: In answer to yours of the 5th inst., we are at nearly all times in want of muck bars suitable for rivets. We use a good deal of rivet iron, and if you can make the quality required,-and we do not see why you cannot, we should be glad to give you a share of our orders. Your iron is dark colored, and characteristic of red short stock. It should have a bright luster wben broken cold, and should be neither red short nor red cold short, but of the character we described in our former letters. You might send us another car load of 3-in. bars, same price as last, at any time when you can see your way clear to use a mixture that will make such an article as we have described. Yours, truly, J. H. Sternbergh & Son."

"Chickies, Pa., November 9. 1886. J. H. Sternbergh & Son, Reading, Pa.-Gentle. men: Your favor of the 8th is received. Just now we are pushed on orders, and would not like to change cur mixture, but could do so in a short time, and make you a sample car load of bars. Our price now is $31 per ton, f. o. b. cars, at which price we have made large sales. If this figure is satisfactory, we will be pleased to book your order for a sample car load, which we would make at the earliest possible date. Yours, truly, Horace L. Haldeman, Treasurer.

"Reading, Pa., November 10, '86. Chickies Iron Co.-Dear Sirs: Please send me, by P. & R. R. R., with bill numbered 2,914, one car muck bars, 3x%, one car muck bars, 4x%, best quality, strictly neutral, for rivet stock, to be made of mixture as per our recent correspondence, at $31 per gross ton f. o. b. cars P. & R. R. R., Chickies. Ship. as promptly as possible. J. H. Sternbergh & Son.

"Chickies, Pa., November 11, 1886. Messrs. J. H. Sternberg & Son, Reading, Pa.-Gentlemen: We are in receipt of your order, number 2,914, of the 10th inst., for two car loads of muck bars, which shall have our prompt attention. Yours, very truly, Paris Haldeman, Pres."

"Chickies, Pa., November 17, '86. Messrs. J. H. Sternberg & Son, Reading, Pa.Gentlemen: We to-day ship you a car load, 20 tons, 3%x% muck bars, as per B. L. inclosed. These bars are made with a small percentage of cold short pig iron, and we don't know whether or no they are any better for your purpose than made of all Chickies pig, as it is difficult to get a good cold short iron to mix. won't ship the other car load until we hear from you in regard to how this lot works. We are anxious to make an iron to suit you. The tendency of red short in our bars suits all our other customers exactly, but, if we can alter our mixture to suit you, will willingly do 80. Yours, very truly, Paris Haldeman, Pres."

We

"Reading, Pa., December 2, 1886. Chickies Iron Co., Chickies, Pa.-Dear Sirs: We have tested the last lot of iron received from you, and find that it is better adapted for rivets than the former lot. Still, we have not gone far enough to determine whether it will be, in all respects, satisfactory, or not. At all

| events, we wish to place an order with you for 100 tons, and inclose our formal order, which you may ship as early as convenient at $31 f. o. b. cars there, same as the last lot. Even in case we could not use it for rivets, we could use it for bolts, which require the very best quality of iron. Yours, truly, J. H. Sternbergh & Son."

"Reading, Pa.,

December 2, 1886. Chickies Iron Co.- Dear Sirs: Please send me, by freight, with bill numbered 2,972, 100 tons muck bars, 3x%, best quality for rivet stock, to be made of same mixture as sample car last sent, at $31.50 per gross ton f. o. b. cars P. & R. R. R., Chickies, Pa. J. H. Sternbergh & Son.

"Chickies, Pa., December 2, 1886. Messrs. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: We to-day ship you a car load of 4-inch muck bars, as per manifest and bill_herewith, which completes your order. We will have 60 tons more to spare within the next 10 days or two weeks. Do you want them? Our price now is $32 per ton f. o. b. cars here. The car load shipped to-day is made of all Chickies pig iron. We are afraid of the cold short iron that we can get for mixing, as they all contain mill cinder. Will be glad to know how the bars worked shipped you on the 17th of last month, which contained the small portion of cold short pig. Hoping to receive your order, we are, yours, very truly, Paris Haldeman, Pres."

"Chickies, Pa., December 3, 1886. Messrs. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: Since writing you yesterday, we are in receipt of your valued favor of the 2d inst., covering order for 100 tons muck bars at $31 per ton f. o. b. cars here. As we advised you, our price is $32 per ton f. o. b. cars here, at which figure we shall be pleased to book your order, and we therefore return it herewith for correction, if will favor us with same. We will make the bars out of either all Chickies pig, or use a small portion of cold short, as before, in our mixture, as you may elect. We think we can manage to finish the whole order in the course of a few weeks. Hoping to receive your order, we are, yours, truly, Paris Haldeman, Pres."

"Reading, Pa., December 3, 1886. Chickies Iron Co., Chickies, Pa.-Dear Sir: We have your favor of the 2d inst. In reply, we fear that the 4 in. muck bars you have shipped, all Chickies pig, will be like the former lot,-too red short for our use. As we wrote you yesterday, the car of 3 in. bars last shipped proved to be better adapted to our wants, not red short, apparently. But we have not had enough experience with it to know whether it is exactly what we want or not. Same time, we yesterday ordered 100 tons additional at the same price, $31 f. o. b. there, which we think you should make and ship, of the same quality as the 3 in. above referred to. You must not boom your price upon us too fast, because you will prevent our taking orders for this quality of material. We have quoted for about 75 tons of rivets, based on your price of $31 at your mill, and we are wait

ing to hear from our correspondent. If we have to advance our price we shall probably lose the order. You must not put into any of our iron any mill-cinder pig. The phosphorus which it contains would be a decided objection. Yours, truly, J. H. Sternbergh & Son."

"Chickies, Pa., December 4, 1886. Messrs. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: Your valued favor of the 3d inst. is rec'd, and we note what you say. Under the circumstances we are willing to enter your order for 100 tons muck bars at $31.50 per ton, f. o. b. cars here, instead of $32, which we hope will be satisfactory. The fact is there is not enough pig iron in the country at present to go around, and the price is hardening daily. Besides, the cost of production is increasing. We have had three advances in price of coal, alone, within as many months. We will make the bars with or without the small portion of cold short pig, as you may decide; but we don't know of any cold short pig iron to be had that don't contain mill cinder. Hoping to hear from you as early as possible, we are, yours, very truly, Paris Haldeman, Pres.

"Reading, Pa., December 6, 1886. Chickies Iron Co., Chickies, Pa.-Dear Sirs: We have your favor of the 4th inst., and note contents. Not having advised us of any advance before Our order was placed with you, we think you should execute it at the price of the former lot.-$31. But, notwithstanding this, we will accept your offer of $31.50 for the hundred tons, and we inclose the order corrected to this figure; and we wish you to make the iron with a suitable proportion of cold short pig metal, but the product must be of the best quality, for rivet stock, and must be neither hot short norcold short. We note your remarks about the scarcity of cold short pig metal. By this morning's mail we received the inclosed letter from Ezra Bertolet, offering Merion grey forge pig iron, made from strictly all-ore iron, at $16.50, and another quality at $16 f. o. b. furnace. We, however, do not know whether this material would be suitable

for your mixture. We leave this to yourselves. Yours, truly, J. H. Sternbergh & Son.

"Reading, Pa., December 2, 1886. (Corrected order.) Chickies Iron Co.-Dear Sirs: Please send me by P. & R. R. R., with bill numbered 2,972, 100 tons muck bars, 3x%, best quality, for rivet stock, to be made of the same mixture as sample car last sent, at $31.50 per gross ton f. o. b. cars P. & R. R. R., Chickies. Ship promptly. J. H. Sternbergh & Son.

Messrs.

"Chickies, Pa., December 7, 1886. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: Your valued favor of the 6th inst., with stated inclosures is rec'd. We have entered your order for 100 tons 3x% muck bars, to be made with a small por tion of cold short pig, which we have determined to make ourselves out of our own hematite ores, so that we know the quality will be all right. Hope to commence shipments to you the last of this week, or the beginning of next week. We herewith return your letter of Mr. Ezra Bertolet. Thanking you for the order,

we remain, yours, very truly, Paris Haldeman, Pres. Price $31.50 per ton f. o. b. cars here.

66

"Chickies, Pa., December 27, 1886. Messrs. J. H. Sternbergh & Son, Reading, Pa.-Gentlemen: We to-day ship you a car load 3x% muck bars, as per manifest inclosed, which completes your order for 100 tons. Herewith please find bill of same, amounting to $3,150. Hoping to be favored with your further orders, we are, yours, very truly, Paris Haldeman, Pres. Reading, Pa., December 31, 1886. Chickies Iron Co., Chickies, Pa.-Dear Sirs: We are in the market for a quantity of nuck bars, 3 aud 4 in. x in. Should be glad to have your best price for, say, 200 tons of muck bars per month, for the first five months in 1887. This quantity would be wanted to cover orders which we have received for our goods, and for which we wish to provide material. Your prompt reply will oblige. Yours, truly, J. H. Sternbergh & Son."

"Chickies, Pa., January 1, 1887. Messrs. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: Your favor of the 31st ult. is rec'd. As prices are advancing so rapidly, we are afraid to name figures for muck bars so far ahead as five months. We are willing to enter your order for 200 tons 3 in. and 4 in. x % in. muck bars at $33 per ton f. o. b. cars here, cash in 30 days, to be delivered during this month, with privilege on our part of running a portion into February. We shall be pleased to furnish you bars right along at current price at time of delivery. Say after 200 tons is delivered, to name price for another 200. If you accept above, please advise by return mail, and oblige, yours, very truly, Paris Haldeman, Pres.

"Reading, Pa., January 6, 1887. Chickies Iron Co., Chickies, Pa.-Dear Sirs: Your favor of the 1st inst. duly received. In reply, beg to say that if you could make the price $33, delivered here on P. & R. cars, we think we could take 200 tons, but we have been offered such favorable prices that we could not accept your terms of $33 f. o. b. cars Chickies. Awaiting your answer, yours truly, J. H. Sternbergh & Son.

"

"Chickies, Pa., January 7, 1887. Messrs. J. H. Sternbergh & Son, Reading, Pa.Gentlemen: Your valued favor of the 6th inst. is rec'd. As we desire to retain your valuable trade, we will accept $32.50 per ton, cash in 30 days, for 200 tons muck bars f. o. b. cars here, although we are now getting $33 here from other parties, and bars advanced another dollar per ton in Pittsburgh day before yesterday. If you accept, please advise, and oblige. The above 200 tons to be forwarded within the next 30 days. Yours, very truly, Paris Haldeman, Pres."

"[Telegram.] Reading, Pa., January 8, 1887. Will take two hundred (200) tons three (3) inch bars. Your letter seventh, (7th.) J. H. Sternbergh & Son.

'Reading, Pa., January 8, 1887. Chickies Iron Co.-Dear Sirs: Please send me, by P. & R. R. R. Co., with bill numbered 3,045, 200 tons best quality, strictly neutral, muck bars, 3x%, at $32.50 per gross ton f. o. b. cars P. & R. R. R., Chickies, Pa.

"Chickies, Pa., January 10, 1887. Messrs. J. II. Sternbergh & Son, Reading, Pa.— Gentlemen: Your telegram and order of the 8th is received. We have booked you for 200 tons 3 in. x % in. muck bars at $32.50 per ton f. 6. b. cars here. Yours, very truly, Paris Haldeman, Pres.

64

(The foregoing is the whole of the correspondence between J. H Sternbergh & Son and the Chickies Iron Company prior to, and including, January 10, 1887, the date on which the Chickies Iron Company arcepted J. H. Sternbergh & Son's order of January 8, 1887, for 200 tons of muck bars, which are the subject of this controversy.) Reading, Pa., March 25, 1887. Chickies Iron Co., Chickies, Pa.-Dear Sirs: We have before us your letter of Oct. 1, 1886, inviting orders for muck bars of superior quality, in view of which we wrote you Oct. 2, 1886, stating our wants, and have ordered from you two or three lots, the last being our order No. 3,045 dated Jan. 8, 1887, for 200 tons best quality strictly neutral muck bars, 3x in. In our various letters of Oct. 25th, Nov. 4th, we stated particularly what kind of iron we wanted. We have not used but a small quantity of the tars ordered from you, and we now find, on working them up into rivets, that they will not answer the purpose; that in fact the larger proportion of the bars are really quite inferior in quality, being decidedly cold short, breaking off square, with a crystalline fracture. We regret this very much, especially as we have had some trouble in disposing of our rivets made from this material, and complaints have come to us of the inferior quality of the rivets. We wish you would send some one on here to examine these bars, and see what you wish to do, under the circumstances. They are not, in fact, good enough for our ordinary use, to say nothing of the high-grade quality which we expected them to be. Awaiting your answer, yours, truly, J. H. Sternbergh & Son.

Reading, Pa., March 28, 1887. Chickies Iron Co., Chickies, Pa.-Dear Sirs: We have your favor of the 26th inst., with inclosure, as stated, which we have carefully read, but which does not affect the question at issue. We ordered strictly muck bars, and had before explained our wants, and you offered muck bars of highgrade quality, or of superior quality, for special purposes. We were sufficiently ex. plicit in our description of what we wanted. Your bars do not come up to the specification called for. They are not strictly neutral bars. They are very cold short, and are not good common bars. We do not wish to have any trouble with you about it, but we do not like to be imposed upon with bars that are inferior. We can neither use them for rivets, nor for bolt iron. We wish you would send some one here to examine them, and say what shall be done with them You seem to think, from your letter, that we ought to have examined them as we received them; that

then shipments could have been stopped; that you yourselves are not competent judges of the quality of bars. In reply, we did not feel ourselves under obligations to test the bars as they came in. We took it for granted that you knew what you were shipping. You certainly ought to have known, and we think you are responsible for sending us what we did not order. The fact that you are not competent judges does not relieve you from this responsibility, in our judgment. Awaiting your attention, yours, truly, J. H. Sternbergh & Son."

Reading, Pa., March 31, '87. Chickies Iron Co., Chickies, Pa.- Dear Sirs: Yours of the 29th is rec'd. Mr. McLean, of the Chickies Rolling Mill, was here yesterday, and we showed him the pile of 3 in. muck bars received from you, and, in his presence, broke six or seven bars, taken at random from the pile; and we send you a sample, by express, broken from each bar, just as they came. Two of these samples showed somewhat fibrous iron, and the other five are very cold short and brittle. This is about the experience we have had with all that we have tried to use, and we have laid all the cold short bars to one side, as entirely unfit for our use, and not what we ordered. We must ask you to make this matter satisfactory, as we cannot accept these bars. We regret it very much, but we are in no sense responsible for it. Please advise us what you wish to have done with them, and oblige. Yours, truly, J. H. Sternbergh & Son.

"Reading, Pa., April 6th, 1887. Chickies Iron Co., Chickies, Pa.-Dear Sirs: Mr. Reinhold was here yesterday, and examined the muck bars received from you, and, we think, was abundantly satisfied as to their inferior quality. We think it would be well for you to come here and see them, and say what you wish to have done with them. We are obliged to reject them, as utterly unfit for our use, and wish you to take them away. Awaiting your directions, yours, truly, J. H. Sternbergh & Son."

Geo. Nauman and Brown & Hensel, for appellants. H. M. North and E. D. North, for appellees.

PER CURIAM. The only question presented by this record is whether the court erred in refusing to take off the judgment of nonsuit. We have fully considered the plaintiffs' testimony, in connection with the propositions so ably contended for by their learned counsel, and are not convinced that the case should have been submitted to the jury. On the contrary, we find nothing in the testimony that would have warranted the jury in rendering a verdict in their favor for the amount of their claims, or any part thereof. There is no sufficient evidence of any warranty by defendant of the quality of the iron it contracted to deliver, nor any sufficient evidence of rescission of the contract by plaintiffs. If they ever had a right to rescind, they failed to exercise it within a reasonable time. Judgment affirmed.

1. In ejectment it appeared that plaintiffs had a perfect paper title from one S., who was patentee of the land. Defendants claimed by adverse possession, based on actual occupancy by one K. and intermediate grantors. Plaintiffs sought to defeat defendants' claim by showing that K. accepted from S. a lease of the land, and held possession as his tenant. Defendants offered evidence to show that the lease was a fraudulent device by S. and K. to prevent the latter's creditors from selling the land on execution, and not a recognition of S.'s title. Held, that it was not error to refuse to charge that a deed of S. to certain persons, through whom plaintiffs deraigned title, executed 14 years after such lease, passed a perfect title to the land, unless such grantees had actual notice of the fraud connected with the latter.

2. Nor was it error to refuse to charge that subsequent bona fide purchasers, without actual notice of the alleged fraud, acquired perfect title, and would be entitled to recover.

3. It was not error to refuse to charge that there could be no fraud in such lease because S. had the legal title, while K. had no other right than that acquired by squatting on the land for 14 years.

4. Nor was it error to refuse to charge that the patent to S. was evidence of title which it was necessary for defendants to rebut, since K. was a mere intruder, and plaintiffs were entitled to recover.

5. There was evidence that subsequent to such lease K. delivered to a certain school director a deed by S. to a part of the land in dispute, and permitted the directors of such school district to erect and occupy a schoolhouse thereon. Held, that it was not error to refuse to charge that such acts were inconsistent with K.'s claim of ownership, and strongly supported plaintiffs' claim that K. was S.'s tenant, and to charge that such facts were evidence against K.'s claim of ownership, and corroborative of plaintiffs' claim.

6. It was not error to charge that, if the lease from S. to K. was made while the latter was in possession claiming the land as his own, not for the purpose of creating the relation of landlord and tenant, but under pretense by S. that it was for K.'s protection, and under promise that the former would perfect the latter's title by making a conveyance to him, it would not stop the running of the statute of limitations; and that, if K. and those claiming under him were in exclusive and continuous possession more than 21 years before the action was commenced, claiming it as their own, plaintiffs cannot recover.

7. If K. was on the land in dispute at the time of the sale by S. to plaintiffs' predecessors in title, it was notice to the purchasers to inquire of K. how he held, and, failing to do so, the latter and his heirs can set up against them any title he might have asserted against S.

Appeal from court of common pleas, Fayette county; Ewing, Judge.

Action of ejectment by Dewitt C. Bidwell, Benjamin Coursin, Madison Bailey, James M. Hendrickson, Wilbur F. Hendrickson, Urilla Dawson and James Dawson, her husband, Mary A. Hendrickson, Iretta Speilmyer and William Speilmyer, her husband, Ermelia Braithwait and William Braithwait, her husband, Amanda Duffey and Charles Duffey, her husband, and Ann R. Hendrickson against Susan Evans and Peter K. Johnson. v.26A.no.16-52

From a judgment for defendants, plaintiffs appeal. Affirmed.

This suit is brought to recover the possession of a tract of land situate in Stewart township, Fayette county, Pa., containing 396% acres, and known as the “ John Reeder tract." The plaintiffs in the suit derive title from Andrew Stewart, now deceased, who took out a patent for the land in 1836. At the time Stewart took out the patent on this land, in 1836, he already had a deed for the land from Alexander McLean, dated October 5, A. D. 1824. McLean had purchased John Reeder's title to this land in May, A. D. 1799. Reeder's warrant for this land was granted February 4, 1794, and the warrant was laid on the land by the deputy surveyor November 22, 1794. James Kemp, under whom the defendants claim this land, squatted thereon in 1825, and continued to reside thereon until the time of his death, in 1867. After his death his heirs, the defendants, continued the possession.

It is conceded that the plaintiffs have a complete paper title to the premises. The defendants claim title by adverse possession, based on the actual occupancy of the land, coupled with such acts as are usually relied upon as showing a claim of ownership. The plaintiffs, on the trial, attempted to defeat this claim of adverse possession by showing that James Kemp in 1840 leased the premises from Stewart. The date of this lease is 15 years after Kemp squatted upon the land. The regularity and execution of this lease is not disputed by defendants, but they claim that it was not a bona fide lease recognizing Stewart's owership of the land, but taken for the purpose of protecting the land against Kemp's creditors, who were about to have the land sold to satisfy their claims. The court left the case with the jury upon the question of the validity of this lease, and the jury found the lease invalid, and a verdict for the defendunts. The plaintiffs claim that the court erred in the admission, rejection, and withdrawal of testimony, and in not giving such instructions to the jury in answering points and in charging as would protect the plaintiffs' perfect paper title against the defense that the lease was taken by Kemp for the purpose of cheating and defrauding his creditors. The jury, in finding for the defendants, had not only to find that Ke.op signed the lease for the purpose of cheating and defrauding his creditors, but that Stewart assisted him therein.

The charge of the court was as follows: "The plaintiffs seek here to recover possession of a tract of three hundred fortysix acres of land situate in Stewart township, in this county. They have given in evidence here a title beginning with a patent from the commonwealth, issued to Audrew Stewart in 1836, and by various conveyances and devises vesting the interest of Stewart, under that patent, in the plaintiffs of record in this case. If that were all there was in this case, the plaintiffs would be unquestionably entitled to your verdict. But after they bave shown this title in the plaintiffs, the defendants set up what they allege to be a complete title by the statute of limitations; in other