Cheever v. Roberts

The trial court directed a verdict for the plaintiff upon the ground that “the defendant’s deed from Mr. Reed, who had no title at all, and who never had possession, gives the defendant not even a color of title.” The reason assigned for this ruling is clearly untenable. The demonstrated weakness of the defendant’s paper title did not entitle the plaintiff to a verdict. Since the defendant was in possession it was necessary for the plaintiff to show a better right to possession in himself before he could be entitled to a verdict. Lear v. Durgin, 64 N. H. 618; Gould ing v. Clarke, 34 N. H.…