Samuel Blatchford

“ At the end of half a century they would still be tenants in common, each having the right to possess the joint property and to use and enjoy one-half of it. No tenant in common can set up an exclusive right by prescription against his co-tenant in the whole or any part of the property unless he actually ousts his co-tenant, or expressly notifies his co-tenant that he holds adversely to his rights, or unless he assumes exclusive possession of the whole property, and refuses to admit his co-tenant to his right participation ”

“ If you find that a good prescriptive title has arisen under this trust-deed, the effect is that Fanny and Frances will each be entitled for life to the use and enjoyment of one-half of the property, and at their death it goes to the next of kin of Thomas Gardner. If you find that Fanny has a fee-simple interest in that part of the lot whereon she now resides, the next of kin of Thomas have no rights whatever therein. Fanny may dispose of it while living, as she pleases, and if she dies intestate it would go to her next of kin. ”

“ The fact of one living on one-half and the other on the other, or of one paying the taxes on one-half and the other the taxes on the other, no matter how long this was kept up, would not give either one a fee-simple title to the particular half on which she lived and paid taxes. ”