
    John H. STODDARD and Caswell W. Stoddard, Respondents, v. Martin KELLY and Nellie Kelly, Appellants. (Actions Nos. 1 and 3.) John H. STODDARD and Others, as Executors, etc., and Others, Respondents, v. Martin KELLY and Nellie Kelly, Appellants. (Actions Nos. 2 and 4.)
    
    (Supreme Court, Appellate Division, Second Department.
    November, 1915.)
    The ordinary rule to receive an occupant’s declarations to characterize his possession and claim of title as adverse (Morss v. Salisbury, 48 N. Y. 636, 642; Wigm. Ev. § 1778; Chamberlayne, Ev. § 2602) was specially applicable to declarations by James Kelly, deceased, because some fragmentary statements as to his original occupation had already been elicited by plaintiff’s counsel. For excluding such testimony by the witness Hardcastle, the judgments must be severally reversed, and new trials granted, costs to abide the event.
   Jenks, P. J., and Carr, Stapleton, Mills, and Putnam, JJ., concur.  