Churchill v. . Onderdonk

When the party initiates by action, under the statute (2 R.S., 312, § 1), proceedings to compel the determination of claims to real property, he must be careful to make the allegations of his complaint square with the requirements of the act. (Austin v.Goodrich, 49 N.Y., 266.)

One of these requirements is, that he shall have been for three years in the actual possession of the lands and tenements.

The plaintiffs in this case make the allegation in their complaint of the three years' actual possession of the premises. This is denied by the answer. Hence they needed to make proof of it. The…