McLean v. Farden

Citations

• 61 Ill. 106

Syllabus

<p>1. Possession—what constitutes. Entering upon land, partial fencing and slight cultivation, cutting timber, and exercising continuous public acts of ownership, constitute actual possession which the courts will protect.</p> <p>2. Same—paramount title. Such possession may be maintained in an action of trespass guare clausum fregit against a party intruding without paramount title. In the absence of title on either side, priority of possession ., • .1 w i' Plevails-</p> <p>3. Legal possession—when not necessary. Legal possession, as strictly defined, is not necessary to a party in actual possession, even though wrongfully acquired, to constitute a defense against a mere intruder not having a better title.</p> <p>4. Same. The person having the actual possession will be deemed the true owner until the contrary is made to appear. Whoever would dispute that possessory right, can only do so by exhibiting paramount title.</p>