Smith v. . Sanger

The lot in question contains two hundred and fifty acres of land, and the question is whether the land was "in the actual occupancy of any person" on the first day of August, 1845, the date of the comptroller's deed to the plaintiff. (1 R.S. 412, § 83.) Lot number 84 in Duer's patent is bounded on the west by lot number 57, and those two lots are bounded in part on the south by lot number 4 of the gore. There was a brush fence on and near the south line of lots 84 and 57, but the fence was crooked, and near the southwest corner of 84 included a small strip or nook of land, containing about…