Advances

Payments made on account (Va.) 211.

But what constitutes such posof moneys to become due. It is applied to a session varies with the nature and situation number of specific transactions, as pay- of the premises. 11 Grat. (Va.) 420; 8 ments made to the owner of goods by a Barb. (N. Y.) 253. Cultivation, improvefactor or agent, who has or is to have pos- ment, or inclosure always constitutes occu- • session of the goods for the purpose of sell- pation, and, if the occupant holds under a occupied, will constitute an occupation.

Code Civ. Proc. N. Y. §§ 370, 371.

The possession must be open and notorious (42 Mass. 95; 16 Wis. 594), distinct and exclusive (150 U. S. 597; 6 Md. 201), hostile (15 111. 271; 13 Ohio St. 42; 89 Wis. 551), and continuous in the occupant or those claiming under him for the period prescribed by statute (47 U. S. 550; 6 Md. 256; 36 W. Va. 445).