Mattes v. Hall

Adverse Possession—Acquisition op Title by Married Woman.—A married woman, without color of title, and not living apart from her husband, cannot acquire real property as her separate estate by adverse possession.

Id.—Color oe Title—Constructive Possession.—There can be no constructive possession without color of title.

Id.—Claim op Title—Knowledge op Owner.—Possession to be adverse must be such that the owner of the property may have knowledge, or the means of knowledge, that there is possession adverse to him with intention to make title against him.

D>.—Essentials op Possession.—Adverse possession must be open, notorious, exclusive, continuous, and uninterrupted.

Id.—Presumption op Possession—Inclosure by Pence.—Where there is neither title nor color of title, there is no presumption of possession; it must be actual, and the inclosing of the land by a fence does not necessarily imply possession or occupation.

Id.—Possession by Pasturing Stock—Continuous Use.—The testimony of one asserting title by adverse possession that he used the land “for pasturing stock,” and “used it for pasture each year since he fenced it,” does not justify the inference that he thus used it continuously during the pasturing season.

Id.—Grazing Stock-—-Adaptability op Land pot That Purpose—Continuous Use.—If possession has been manifested exclusively by grazing stock, it should be made clearly to appear that such was the use to which the land was adapted and customarily used, and the use should be shown to have been continuous and uninterrupted, at least substantially, during the grazing season of each year.