Kay v. Adams

The suit was for trespass on land, and there was a count for use and occupation.

To recover for such a trespass, plaintiff must have been in possession, actual or constructive, at. the time of the commission of the trespass. The plaintiff did not show pedis possessio of the strip of land upon which defendants went, and therefore had to rely upon his constructive possession, under his title, in connection with his actual possession of a part of the lands embraced in his deed-s. There is no field of operation for constructive possession by one, when at such time the. land is in the actual…