The 'aches of the owner of a prior right in an estate cannot prejudice the owner of a subsequently accruing right in the same estate. 8 East, 551 ; 4 Johns. N. Y. 390 ; 15 Mass. 471. And where there exist two dis tinct rights of entry in the same person, he may claim under either. He is not obliged to enter under his earlier right. 1 Pick. MaQs. 318 ; 9 Mass. 508 ; 5 Carr. & P. 563.
63. When an actual entry is necessary prior to the bringing an action, it must be upon the land in question, 13 East, 489 ; 3 Me. 316 ; unless prevented by force or fraud, when a bona fide attempt is equivalent. 4 Johns. N. Y. 389. If the land lie in two counties, there must be an entry in each county ; though if all the land be in one county an entry upon part, with a declaration of claim to the whole, is sufficient. 3 Johns. Cas. N. Y. 115. The intention to claim the land is essential to the sufficiency of the entry. 3 Me. 316 ; 9 Watts, Penn. 28. An entry may be made by the guardian for his ward, by the remainder-man or reversioner for the tenant, and the tenant for the reversioner or remainder-man, being parties having privity of estate. 9 Coke, 106. So a cestui gue trust may enter for his trustee, 1 T. Raym. 716 ; and an agent for his principal, 11 Penn. St. 212, even without original authority, if the act be adopted and ratified. 9 Penn. St. 40. And the entry of one joint-tenant, coparcener, or tenant in common will inure to the bene fit of the other. 10 Watts, Penn. V6.
64. Adverse possession for twenty years gives title against the true owner ; but it must be open, uninterrupted, and with intent to claim against the true owner. The pos session must be an actual occupation, so open that the true owner ought to know it and must be presumed to know it, and in such manner and under such circumstances as amount to an invasion of his rights, thereby giving him cause of action. 11 Gill & J. Md. 371 ; 5 Cow. N. Y. 219.
65. It must be open, so that the owner may know it or might know of it. Many acts of occupation would be unequivocal, such ae fencing the land or erecting a house on it. 7 Wheat. 59 ; actual improvement and culti vation of the soil, 1 Johns. N.Y. 156 ; digging stones and cutting timber from time to iime, 14 East, 332 ; ' driving piles into the soil covered by a mill-pond, and thereon erecting a building, 6 Mass. 229 ; cutting roads into a swamp, and cutting trees and making shingles therefrom, 1 Irdd. No. C. 56 r and
setting fish-traps in a non-navigable stream, building dams across it, and using it every year during the entire fishing-season for die purpose of catching fish. 1 Ired. No. C. 535. But entering upon unenclosed flats, when covered by the tide, and sailing over them with a boat or vessel for the ordinary pur poses of navigation, is not an adverse pos. session, 1 Cush. Mass. 395 : though the fill ing up the flats, and building a wharf there and using the same, would be if the use were exclusive. 1 Cush. Mass. 313. Nor is the entering upon a lot and marking its bounds, ries by splitting the trees, 14 N. H. 101 ; nor the getting rails and other timber for a few weeks each year from timber-land, 4 Jones, No. C. 295 ; nor cattle ranging, 1 Hayw. No. C. 311 ; nor the overflowing of land by the stoppage of a stream, 4 Dev. No. C. 158 ; nor the survey, allotment, and conveyance of a piece of laud, and the record ing of the deed ; unless there is open occu pation. 22 Me. 29.
66. It must be continuous for the whole period. If one trespasser enters and leaves, and then another trespasser, a stranger to the former and without purchase from or respect to hina, enters, the possession is not continuous. 2 Serg. & R. Penn. 240; 9 B. Monr. Ky. 253. But a slight connection of the latter with the former trespasser, as by a purchase by parol contract, will be sufficient to give th e possession continuity. 31 Me. 583; 6 Penn. St. 355. And so will a purchase at a sale or execution. 5 Penn. St. 126. To give continuity to the possession by successive occupants, there must be privity of estate, 5 Metc. Mass. 15; and such a privity that each possession may be referred to one and the same entry : as that of a tenant to his landlord, or of the heir of a disseisor to his ancestor. 1 Rice, So. C. 10.
67. So an administrator's possession may be connected with that of his intestate, 11 Humphr. Tenn. 457 ; and that of a tenant holding ander the ancestor, with that of the heir. Cheeves, So. C. 200. In some states, however, it is held that whether the posses sion be held uniformly under one title, or at different times under different titles, can make no difference, provided the claim of title' is always adverse: as in Connecticut, 3 Day, Conn. 269, and in Kentucky. 1 A. K. Marsh, Ky. 4.