New York Court of Common Pleas July 15, 1855 (Fitzpatrick v. Caplin)

By the Court.

Woodruff, J.

There was sufficient proof to warrant the court below in finding that the plaintiff’s assignor was in the actual possession of the subject of sale, (to wit, the sand in question,) and of the place in which the defendants were permitted to deposit earth; and that the defendants actually purchased and received the sand, and actually used the privilege of depositing earth