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3 Day 258

Fanning v. Willcox

Decided June 15, 1808

Josefih Noyes. It was admitted, that the ° plaintiff had a good and legal title, unless barred by the „ ,. . statute of limitations. The defendants were in possession, as tenants under-Nathaniel Palmer.

Decided 1808-06-15

By the Court.(b)

¶1Actual ouster, and adverse possession, of any lands, tenements, or hereditaments, for fifteen years after the title, or cause of action accrued, and before suit brought, bars the plaintiff of his right of entry thereafter, whether the ouster and adverse possession be by the same person or persons, for the whole term of fifteen years, or by different persons for different periods, making fifteen years in the whole; provided, the disseisin and adverse possession have been continued and uninterrupted; and provided, that the plaintiff does not come within any of the exceptions *260mentioned in the provisoes of the statute, extending the term of time, in which entry may be made.

¶2New trial not to be granted.

¶3Brainerd and Griswold, Js. having been concerned as counsel in this cause, did not sit.

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