Scott v. Lewis

Appellants in brief filed here on this appeal state that “at the trial of the present case in the Superior Court the plaintiffs did not rely on any paper title, but sought to show that they, and their tenants in common, the children and grandchildren of Stephen and Sophie Scott, had remained in open, notorious and continuous adverse possession under known and visible lines and boundaries since 1907 despite the outcome of the earlier case.”

This position is untenable.

When in an action for the recovery of land and for trespass thereon defendant denies plaintiff’s title and defendant’s trespass,…