The opinion
EuRch.es, J.,
concurring. I concur in the judgment of the Court that there was error in dismissing this action as to the defendant Conger, for the following reason: That the answer of Conger, which was offered in evidence, admitted title in the plaintiff Wooten; and the defendant Conger showed no title in himself.
This being so, the Court should have instructed the jury that upon all the evidence, if believed, they should find that the plaintiff was entitled to recover.