Nathan Clifford

“ Thirty years before the present suit was commenced, a common-law action of ejectment was instituted for the same premises, in which the father and the grantors of the plaintiffs were described as the lessors of the fictitious plaintiff in the suit, and it appears that the suit was defeated by the testatrix of the defendant, aided by her second husband, then in full life.
Viewed in any light, we are all of the opinion that there is no error in the record. ”

“ Fictions are abolished where the pleading is in ejectment; but the action of ejectment is not abolished, nor is there any provision in the act making any other alteration in the form of the action than that it shall be commenced in the name of the real party in interest, and against the owner or the party in possession. ”

“ Such a possession so evidence usually affords a presumption that the occupant claims the property, and where it is adverse, open, vs ible, and continuous for twenty years, it is sufficient evidence of title to toll the real owner's right of entry, unless he can prove that he was within some one of the exceptions contained in the Statute of Limitations, even in a jurisdiction where those exceptions are still in force. ”