Anderson v. Jackson

Syllabus

<p>1. Limitation. — When there is a conflict between two surveys which have-been patented, and the owner of the junior grant has possession of only a part of that portion which is in conflict, and the owner of the elder grant has had like occupation of that portion of his grant which is not included in the conflict, the statute of Iimifations is only available to the-owner of the junior grant, to the extent of his actual possession.</p> <p>2. Same — Constructive Possession. — There can be but one constructive possession of the same land, and in case of a conflict, the seizure and possession of the true owner must prevail over the claim by construction of possession by one who holds under mere color of title.</p>