To'establish title under a deed executed in pursuance of a power authorizing a sale upon notice, as a general rule the giving of the required notice must be proved, and will not be presumed from the execution of the deed.

Erom lapse of time and acquiescence in the possession of the purchaser the regularity of a sale under a power may be inferred, and a presumption indulged that due notice thereof as required by the power was given.

A recital of a material fact in a deed is binding and conclusive upon the party reciting it, and all claiming under him as privies. This rule applies to a recital of the facts that a notice of sale, essential to the validity of the deed, was duly given.

A recital in a deed executed by a mortgagee in pursuance of a power of sale conferred upon him in the mortgage, binds the mortgagor equally as if the deed were executed by him in person.

Where a deed executed in pursuance of a power is on record and the purchaser in possession, a subsequent grantee of the donor takes with notice, and is bound by a recital of fact in the deed of the donee.

In ejectment the defendant may recover by showing an outstanding superior title in a stranger, without connecting himself with it.

Where the purchase money for land is paid by a person other than the grantee in the conveyance, the former is the real purchaser, and the grantee holds the legal title in trust for him.

Acceptance by the mortgagor of the proceeds of a sale made under a power contained in the mortgage, is a waiver by him of all objections to the sale, and a ratification of the acts of the mortgagee—the donee of the power—in relation to the sale and conveyance, which estops him from contesting their validity.

Actual adverse and undisturbed possession of land for a period exceeding the time prescribed by statute for the enforcement of a right of entry, gives to the possessor a right of undisturbed enjoyment equivalent to a perfect title.

In 1853 the defendant took possession of the city lot in controversy under a deed purporting to convey to him the title in fee, in pursuance of a power of sale contained in a mortgage made in 1850, and in good faith, believing himself to be the owner, and claiming so to be against all the world, has since retained actual, manifest possession of the premises. In 1858 the mortgagor executed a deed of the lot to the plaintiff, upon which he relies for a recovery in the present action of ejectment: held, that upon his possession alone, without reference to the validity of his title under the deed, the defendant must recover.