Joseph Story

“ Courtney, 5 Pet., 319, 354, this court also held, that where a person enters into land under a deed or title, his possession (in the absence of all other qualifying or controlling circumstances) is construed to be co-extensive with his deed or title; and although the deed or title may turn out to be defective or void, yet the true owner will be deemed disseised to the extent of the boundaries of such deed or title. This doctrine is strongly applicable to the possession under the partition in the present case. ”

“ But that a person claims to hold land under the same title, is no evidence that he holds amicably with the original holder of that title, or those claiming under him. The purchaser of land sold for the non-payment of taxes holds adversely to the former owner, and can consequently avail himself of twenty years' adverse possession. ”

“ To rebut this defence, the plaintiff insisted that the partition was void, and being void, the defendants having entered into the land under the patent to Clymer, Lynch and Blanton, who still, notwithstanding the partition, in point of law, remained tenants in common of the land, were not at liberty to set up an adverse possession against that title; nor at liberty to set up any outstanding superior title in any third person, under any elder patent offered in evidence, to defeat the plaintiff in the action. ”

“ On the 24th of December, 1806, a patent for the tract of eleven thousand acres of land was granted by the commonwealth of Kentucky, unto George Clymer, (under whose will the lessors of the plaintiff make claim,) one-third, and unto Charles Lynch and John Blanton, (under whom the defendants make claim,) two-thirds. ”

“ Without some opposing probability, the jury will presume a deed after possession of twenty years, by one who had purchased the land, which, in consequence of his purchase, he shall have so long occupied. 2 Saund., 175 a.; Stark., 502, 1243, 989; 7 Wheat., 59.
Grants may be presumed from lapse of time. 12 Co., 5; 2 Hen. & M. (Va.) , 370.
Generally whatever will toll the right of entry will create a presumption of the conveyance of the legal title. ”

“ Dubois, 4 Johns. (N. Y.) , 216.
A lessee cannot do it against his lessor; 8 Mass., 138, 153; 1 Cai. (N. Y.) , 444; 2 Id., 215; 7 Johns. (N. Y.) , 186; but it is needless to cite authorities on this point. ”