Reynolds v. Randall
Supreme Court of Rhode Island
Dependant’s petition for a new trial. The statute in question simply changes a rule of evidence. It does not provide that twenty years adverse possession shall not constitute title by prescription, or not raise an absolute presumption of a grant; but it simply provides that naked use of an easement shall not by itself alone be evidence of such adverse possession as will raise a presumption of a grant.
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Dependant’s petition for a new trial. The statute in question simply changes a rule of evidence. It does not provide that twenty years adverse possession shall not constitute title by prescription, or not raise an absolute presumption of a grant; but it simply provides that naked use of an easement shall not by itself alone be evidence of such adverse possession as will raise a presumption of a grant. But there can be no vested right to have one’s controversies determined by existing rules of evidence. 1. Laws changing remedies for the enforcement of rights will be valid, even though the new…
1DissentPottek, J.
At the January session, A. D. 1872, the General Assembly passed an act which was reenacted in the General Statutes which took effect in December, 1872, as § 4 of chapter 164.
The action in which the present question arises relates to a claim of a right of way; and the questions are, first, whether the new law alters the rule of proof in such eases, and how far; and, second, if it does, could the legislature alter the rule so as to affect rights acquired by twenty years adverse user before its passage.
First. What was the rule of evidence before this act was passed ?
The history of the rule of…
2Cases cited6 opinions
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
- Randall v. KreigerSupreme Court of the United States · 1875
- Grove v. ToddCourt of Appeals of Maryland · 1875
- Parsons v. CareySupreme Court of Iowa · 1870
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