TITLE

Where one is in po e ion of land, and an• other, who is out of po e ion, claims and sues for it. Here the pre tensed right or· title is said to be in him who so claims and sues for the same. Mod. Oas. 302. -Pre tensed title statute, The English statute 32 Hen. VIII. c. 9, § 2. It enacts that no one shall sell or purchase any pretended right or title to land, unle the vendor has received the profits thereof for one whole year before such grant, -or bas been in actual po e ion of the land, or of the reversion or remainder, on pain that both purchaser and vendor shall each forfeit the value of such land to the king and the prosecutor. See 4 Broom & H. Comm. 150. [s. 942]