David v. Steller

SHORT, Vice Chancellor.

This is an appeal from a judgment of the Superior Court ordering ejectment of appellants from a tract of marsh land situate in Blackbird Hundred, New Castle County, Delaware.

The case below was tried to the court without a jury. Plaintiffs therein, appellees here, proved record title to the marsh land involved. Defendants below, appellants here, claimed title by adverse possession. The trial judge held that defendants had failed to meet their burden of proof. While recognizing that their occupancy of the land, was open and notorious he found that defendants’ possession…