Lessee of Lore v. Hill
Superior Court of Delaware
Ejectment for a tract of land in Appoquinimink hundred. The plaintiff claimed title under William Kennedy. He incepted his title more than forty years ago, under an alienation bond from James Carter to David Kennedy, with accompanying possession, and a devise to Wm. Kennedy in 1803. Wm.
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Ejectment for a tract of land in Appoquinimink hundred. The plaintiff claimed title under William Kennedy. He incepted his title more than forty years ago, under an alienation bond from James Carter to David Kennedy, with accompanying possession, and a devise to Wm. Kennedy in 1803. Wm. Kennedy went into possession and continued in actual possession and the receipt of rents certainly until December, 1827, probably up to the date of his deed to Lore in November, 1839; though, from the character of the premises, and other circumstances, he took but little charge of the land» and received no…
1Opinion of the Court
By the Court:
HARRINGTON', Justice.
The plaintiff in ejectment must recover on the strength of his own title. There can be no weighing of titles between him and the defendant, whose possession is good enough for' him until the plaintiff shows a valid legal title in himself. This is the general rule and has been regarded as the settled law of this State, but it is insisted for the plaintiff that it is not applicable to the case of a party in possession without any color of title, who is to be regarded as a mere trespasser. Several cases have been cited to this effect, and there may be good…
2Cases cited1 opinion
- Gray v. HillSupreme Court of Pennsylvania · 1824