John Archibald Campbell

“ As a general rule, the possession necessary to sustain a prescription is founded upon facts, which it is the province of a jury to ascertain. Ewing v. Burnet, 11 Pet. R. 41; Beverly v. Burke, 9 Geo. R. 440.
But the 'written proofs,' upon which the Circuit Court felt authorized to instruct the jury that the plea of prescription must prewail, are not exhibited in the record, and this court cannot, therefore, test the accuracy of its conclusion. ”

“ The rule is in complete harmony with the American system of conveyancing, which accomplishes the cession of property, with its incidents of possession and enjoyment, without a resort to symbolical acts, or inconvenient ceremonies, by the consent of the owner, legally authenticated. ”

“ A vendor cannot transfer a title, or a possession, which is not vested in him. He cannot, by his conveyance or admissions, affect the claims of persons whose title is adverse to his. It follows, therefore, that the recitals in these acts, that possession had been delivered, and that the vendor was satisfied therewith, are not evidence of that corporeal possession, which is the foundation of a prescriptive right, in a case like the present. ”