9.  Where,  in  proceedings  for  partition,  the  defendants  claimed  under

a  deed  executed  by  their  parents  more  than  20  years  before  the
proceedings  were  commenced,  and  it  appeared  that  during  the
said  20  years  the  parents  remained  in  possession,  it  was  not
error  to  admit  evidence  of  the  declarations  of  defendants  adverse
to  their  interest  in  the  land.     Scarboro  v.  Scarboro,  234.
10.  Letters  written  by  the  H.  E.  Owen  Grain  Company  are  not
admissible  to  prove  an  agreement  alleged  to  have  been  made  by
H.  E.  Owen,  in  the  absence  of  any  testimony  to  show  that  H.
E.  Owen  and  the  H.  E.  Owen  Grain  Company  were  one  and  the
same .     Foushee  v.  Ou^en,  360.
11.  Under  Chapter  109,  Acts  of  1897,  the  fact  that  defendant  had,  on
a  trial  of  an  action,  been  allowed  to  introduce  certain  written
evidence  during  the  hearing  of  the  plaintiff's  evidence  and  then
demurred  ore  tenwi,  did  not  debar  him  from  introducing  further
evidence,  and  it  was  error  to  give  judgment  for  the  plaintiff  in
such  case.     Worth  v.  Ferguson,  381.
12.  Where  an  insurance  company,  ha\  ing  knowledge  that  a  contin-

gency had  happened  which  gave  it  the  right  to  cancel  its  policy,
failed  within  a  reasonable  time  to  notify  the  insured  of  its  inten-
tion to  do  so  and  also  failed  to  return  the  unearned  portion  of
the  premium;  Heldy  that  such  failure  was  evidence  tending  to
show  a  waiver.     Horton  v.  Insurance  Co. ,  498.
