Smith v. Kain

Overton, J. *

In this case a caveat was instituted in the court below, by smith against the appellee.

From the record it appears, that the appellant claims title to a lot of ground in the town of Kingston, by virtue of an occupancy, under the act of Oct. 1806, This act allows a preference of entering and obtaining a title, to all persons who shall be in actual possession of vacant and unappropriated land, on the 1st of May, 1806.

It is admitted, that the appellant was not himself in possession of this lot at, nor previous to the year 1806, but that Stephen Duncan was in actual possession as the…