Doe v. Roe

Citations

• 25 Del. 197
• 2 Boyce 197
• 78 A. 773
• 1910 Del. LEXIS 94

Syllabus

<p>1. Religious Societies — Power to Hold Land — Mode of Acquisition.</p> <p>Under the express terms of Act March 1, 1855 (11 Del. Laws, c. 275), no grant or lease of land could be made after passage of that act to a religious society not incorporated under Rev. Code 1852, amended to 1893, p. 309, c. 39; the interest otherwise escheating to the state under section 4 of chapter 275, which is designed to further limit the mortmain act contained in Rev. Code 1852, amended to 1893, c. 39, p. 310, §10, thus making impossible conveyances for religious purposes to a person or ecclesiastical office or in trust.</p> <p>2. Religious Societies — Title to Land — Parties to Action.</p> <p>Rev. Code 1852, amended to 1893, p. 309, c. 39, provides for the incorporation of religious societies. Section 4 vests title to their property in the trustees. Act March 1, 1855 (11 Del. Laws, c. 275) § 2, prohibits grants or leases of land to religious societies not incorporated under Rev. Code 1852, amended to 1893, p. 309, c. 39. Held that, since title to land conveyed to a religious corporation is vested in the trustees, they are the proper parties plaintiff in ejectment.</p> <p>3. Ejectment — Essentials to Recover.</p> <p>Plaintiffs in ejectment can recover, if defendant is in possession and plaintiffs have a right to possession under their title.</p> <p>4. Ejectment — Descent and Distribution — Wills—Plaintiff’s Title— Sufficiency.</p> <p>Plaintiff in ejectment can establish title by deed, will, or descent, or by showing adverse, exclusive, and continuous possession, for 20 years before the suit.</p> <p>5. Adverse Possession — Presumption.</p> <p>The law presumes a legal title from adverse, exclusive and continuous possession for 20 years.</p> <p>6. Adverse Possession — Nature—Continuity.</p> <p>Adverse possession, in its legal sense, arises where one has not for 20 years surrendered control of the premises.</p> <p>7. Adverse Possession — Possession by Tenant — Effect.</p> <p>Possession,