Central Coal & Coke Co. v. Penny

Citations

• 173 F. 340
• 97 C.C.A. 600
• 1909 U.S. App. LEXIS 5073

Syllabus

<p>1. Abverse Possession (§ 104*) — Presumption of Lawful Grant from Twenty Years’ Exclusive Possession Conclusive, Unless Legal Impossibility.</p> <p>A conclusive legal presumption of a grant of tbe character necessary to sustain title in tbe possessor arises from tbe exclusive, uninterrupted, adverse possession of real estate for 20 years, unless there is proof that such a title could not have been acquired by tbe possessor by any legal possibility.</p> <p>[Ed. Note.- — For other cases, see Adverse Possession, Cent. Dig. §§ 595- ' 602; Dec. Dig. § 104.*]</p> <p>2. Adverse Possession (§ 104*) — Futile Attempt by Alleged Grantor to Convey to Others no Evidence of Such Impossibility.</p> <p>The fact that tbe grantor, under whom tbe plaintiffs, who bad been in exclusive possession for more than 20 years, claimed, bad attempted in vain to convey tbe land to qthers, is no substantial proof that be could not, by any legal possibility, bave conveyed the land in tbe possession of the plaintiffs to them.</p> <p>[Ed. Note. — For other cases, see Adverse Possession, Cent. Dig. §§ 595-602; Dec. Dig. § 104.*]</p> <p>3. Adverse Possession (§ 31*) — Notice of Title.</p> <p>Tbe notorious actual possession of real estate is notice to all of tbe title and of tbe rights of tbe possessors thereto.</p> <p>[Ed. Note. — For other cases, see Adverse Possession, Cent. Dig. §§ 128-133; Dec. Dig. § 31.*]</p> <p>4. Mines and Minerals (§ 51*) — Conversion—Measure op Damages.</p> <p>One who. unintentionally and in the honest belief that he is lawfully exercising a right he has, enters upon the property of another and removes his ore, his coal, his timber, or any other valuable appurtenant to his land, is liable in damages for the value of the ore, timber, or other thing, in its original place, but for no more.</p> <p>But one who willfully, intentionally, or with reckless disregard of the rights of another, lakes his ore, timber, or other property, and appropriates it to his own use, must respon