Magnetite Mining Co. v. Wilmore Realty Co.

The plaintiff, claiming to be the owner in fee and in possession of the premises in suit, brings this action under section 1638 et seq. of the Code of Civil' Procedure to remove a cloud from his title, consisting of the defendant’s claim of title under a tax deed.

[1] The first question raised is as to .the sufficiency of plaintiff’s possession. Prior to the amendment of 1891, actual possession was required under this section (1638) of the Code; but since that amendment constructive possession is sufficient. Vanderveer Crossings v. Rapalje, 133 App. Div. 203-206, 117 N. Y. Supp. 485. As the…