Summary

Portrait of Stanley Forman Reed Stanley Forman Reed United States v. Fullard-Leo — Dissent

The statement in the authorities that the possession must be uninterrupted has been qualified only to the extent that 'This presumption may * * *, in some instances, be properly invoked where a proprietary right has long been exercised, although the exclusive possession of the whole property to which the right is asserted may have been occasionally interrupted during the period necessary to create a title by adverse possession, if in addition to the actual possession, there were other open acts of ownership.' (Emphasis added.)
Source: Wikisource

Portrait of Stanley Forman Reed Stanley Forman Reed United States v. Fullard-Leo — Dissent

Thus, except for the five men left on the island by Bent in order to make the annexation effective, there is no indication that there was any possession or even visits to the island for the 23 years following annexation. On the contrary, the fact that Bent's deed was not acknowledged until 1885, after conveyance by Kalama's heirs, clearly indicates that, in the meantime, no claim of title or possession was asserted by anyone.
Source: Wikisource

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