Actual possession

This term, as used in the provisions of Rev. St. N. Y. p. 312, § 1, authorizing proceedings to compel the determination of claims to reni property, means a possession in fact effected by actual entry upon the premises; an actual occupation.

Churchill v. Onderdonk, 59 N. Y. 134.

It means an actual occupation or possession in fact, as contradistinguished from that constructive one which the legal title draws after it. The word "actual" is used in the statute in opposition to virtual or constructive, and calls for an open, visible occupancy.

Cleveland v. Crawford, 7 Hun (N. Y.) 616.