Kimball v. Anderson

This case was disposed of in the Court of Appeals on the theory that the adverse possession by the plaintiffs could only be claimed from the date of the conveyance by Smith of lot 29. A contrary judgment would have been entered in the Court of Appeals if the adverse possession had continued for twenty-one years after 1918, that being the date of the conveyance by Smith of lot 29. The Court of Appeals proceeded upon the principle declared by certain text-writers, supported by numerous authorities, that the occupation of a grantor after conveyance is presumed to be under and in subordination to…