Evans v. Lux

The parties to this action both trace their title from one William Penn Howland, who formerly owned all of lot 67 in the military tract except thirty-nine and one-quarter acres which had been set off to Loami Beadle. The property in dispute is a part of that lot and, his ownership being admitted, it is presumed that Mr. Howland’s title traced back to the sovereign, so that the question of actual possession by plaintiff or his later predecessors is not necessarily involved; the facts create a constructive possession sufficient for plaintiff’s prima facie case. Baker v. Dv,ff, 136 App. Div. 13;…