Jackson ex dem. Gee v. Oltz
New York Supreme Court
This was an action of ejectment, tried at the Cortland circuit in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The suit was brought for the recovery of the possession of the survey fifty acres in lot No. 21, Virgil.
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This was an action of ejectment, tried at the Cortland circuit in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The suit was brought for the recovery of the possession of the survey fifty acres in lot No. 21, Virgil. Letters patent for the entire lot to J. Gee, one of the lessors of the plaintiff, were produced, bearing date 8th July, 1790. The patentee entered into possession in 1796, claiming to own the whole lot, and continued in the possession of the same down to the time of trial; he sold parts of the lot, hut reserved the premises in question, together…
1Opinion of the Court
By the Court, Savage, Ch. J.
On the question reserved, there cannot be much doubt. John Gee took possession of the whole lot, claimitig it as his own, under a patent from the state for the whole lot. To constitute an adverse possession there must in all cases be a claim of title—a deed need not be shewn as evidence of that title ; but where there is no paper title, there must be a "pedis possessio—an actual occupancy—■ a substantial enclosure. Where a party claims to hold adversely a whole lot, by proving actual occupancy of a part only, his claims must be under a deed or paper title. Color of…
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