The  Court  instructed  the  jury  that  the  burden  of
proof  was  on  the  plaintiff  to  show  that  she  is  the  owner
of  the  tract  referred  to  in  first  issue,  before  she  can
recover  damages  for  any   trespass  thereon;  that  the


764  IN  THE  SUPREME  COURT.  [122


FRI8BEE  V.  Town  of  Mabshall.
question  of  a  resulting  trust  could  not  be  determined  in
this  action;  that  when  no  dower  has  been  set  apart
the  possession  of  the  widow  is  the  possession  of  the  heir
at  law;  that  the  legal  title  is  in  the  heirs  in  this  case
who  are  not  parties  to  this  action,  and  directed  the  jury
to  answer  the  first  issue  ^*No."  We  think  this  instruc-
tion and  the  rejection  of  plaintiff's  evidence  was  error.
