Willard v. Meeks

The opinion of the court was delivered by

Garrison, J.

This contest was before this court upon a previous occasion. 28 Vroom 22. The proofs there failed to show that the plaintiff was in actual possession of the locus in quo at the time the injury was committed, and as there was no proof that such part was within the metes and bounds of his title-deed, no question of constructive possession arose. It was thereupon held that the motion for a nonsuit should have been granted. The case has now been retried, and the plaintiff has presented proof of his actual occupancy of part of the locus, as…