Where one is in possession of land, and another, who is out of possession, claims and sues for it. Here the pretensed right or title is said to be in him who so claims and sues for the same. Mod. Cas. 302. —Pretensed title statute. The English statute 32. Hen. VIII. c. 9, § 2. It enacts are no one ‘shall sell or purchase any pretended right. or title to land, unless the vendor has received the profits thereof for one whole year before such grant, or has.been in actual possession 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. 4 Broom & H.