DENIS V. RUFO et al.

to visit a sick relative, or if he was compelled to go to the hospital in either of such places for the purpose of medical treatment for himself. We do not think the law contemplated such transitory and unintentional violations; and applying this construction or rule of reason to the admitted facts of the present case, we find that the judgment of the court below was contrary to law.
It follows, therefore, that the judgment and sentence of the court below must be reversed and the case remanded for further proceedings in accordance with this opinion.
Reversed and remanded.
DENIS versus RUFO et al.
No. 106. Submitted April 23, 1913. Decided May 31, 1913.
PRESCRIPTION.
An heir in the possession of realty which has not been partitioned among the
heirs can acquire no title by prescription as against the coheir.
Appeal from the Circuit Court of the Second Judicial Circuit; Hon. William H Jackson, Judge.
Submitted on an agreed statement of facts.
Narciso Barsallo and E. M. Robinson, for appellants. Oscar Teran, for appellee.
H. A. GUDGER, C. J. In this case the attorneys, by agreement, furnished a statement of facts, and this consists in the genealogy of the families represented and the conclusions given in the written opinion of the Circuit Judge who tried the case.
It appears that the first and main question relied on by the plaintiff was that she had been in possession of the premises in question for a sufficient length of time to perfect the title in herself as against all'others. There is nothing in the record, however, that shows any possession on her part. In the opinion of the presiding judge, which is filed as a part of the case agreed, the statement is made as follows:
The plaintiff's second contention is that she is entitled to ownership and possession by reason of adverse possession, having held the same for over 27 years, without being interrupted or molested by anyone.
The opinion continues:
Saturnino Denis was originally placed in possession of the property in January, 1852, on behalf of himself and his brother and sister, Bernardino and Pilar

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