Isaac B. Miller, Respondent, v. Nathaniel Downing, Appellant

Isaac B. Miller, Respondent, v. Nathaniel Downing, Appellant. (Argued January 26, 1873; decided March term, 1873.) This was an action of ejectment to recover possession of a piece of land in East Hampton, Suffolk county. Defendant had been in possession several years; prior to that it had been a common. Defendant claimed under a deed from John Merry to defendant’s ancestor, given in 1737. Plaintiff claimed under a deed from Gardiner Miller, given 1833. There was no evidence that said grantor ever had possession. Plaintiff’s claim of possession rested upon the fact that he was accustomed to have a wood pile on the vacant lot for some thirty years, and had buried potatoes upon it for six years. No evidence was given of a claim of title by him until this suit was brought. Held, that plaintiff failed to make out a title, and had acquired none by adverse possession, and was not entitled to recover. George Miller for the appellant. J. la/wrence Smith for the respondent. [MAJORITY — Reynolds, C.] Reynolds, C. reads for reversal. All concur; Lott, Ch. C., not sitting. Judgment reversed.