David French v. Kate Hillman

In this action of ejectment, the plaintiff’s contention that he is the lawful owner of the real estate in controversy is bottomed upon a claim of constructive possession under color of title. The plaintiff claims under a deed which, unquestionably, conveyed to his predecessor in title a tract adjoining the land in dispute. He points to some words in the deed which might include the tract in dispute as well as the tract clearly intended to be conveyed. The District Judge, however, did not so construe the deed. He held that if the language upon which the plaintiff relies is inconsistent with…