United States v. Fullard-Leo

Mr. Justice Rutledge, with whom The Chief Justice, Mr. Justice Black and Mr. Justice Murphy concur,

dissenting.

I agree with the dissenting judges in the Circuit Court of Appeals that the possession shown on behalf of respondents is not sufficient to establish the presumption of a lost grant, even if title can be acquired from the Government in that manner. According to my understanding, the possession, to have that effect, must be actual, open, notorious, adverse and continuous from the time when the grant is presumed to have taken place.1 Here for long *282periods the possession was constructive…