Cavanaugh v. Jackson

This is an action for the recovery of real estate. The defendant set up title by adverse possession, and his claim was held to be well founded by the trial court. The sole question arising upon this appeal rests upon the construction of that provision of the statute which declares that, before the plaintiff can be deprived of his title by an adverse occupation, the party in possession must “ pay all the taxes, state, county, or municipal, which have been levied and assessed upon such lands.” Defendant’s occupation dates from 1881, and the court found as a fact that the laud in controversy was…