Doe v. Roe

Citations

• 26 Del. 78
• 80 A. 352
• 3 Boyce 78
• 1911 Del. LEXIS 13

Syllabus

<p>1. Ejectment—Defense by Occupant—Consent Rule.</p> <p>In ejectment the occupant may not defend without first entering into a consent rule, which compels him to confess lease, entry, and ouster; and if this is not done, claimant may have judgment by default, but if the. consent rule is, properly entered into the case proceeds to trial on the merits.</p> <p>2. Ejectment—Defenses—Default as to Part of the Premises.</p> <p>In ejectment, the defendant may enter into a consent rule, either generally, confessing lease, entry, and ouster as to all of the premises mentioned in the declaration, however general the description, or specially confessing lease, entry, and ouster as to that portion only of the premises, describing them, concerning which he defends. If he enters into the consent rule generally, and plaintiff has a verdict, either for the whole or part of the premises, he will be entitled to nominal damages and costs; but if defendant restricts his defense to a portion of the premises, and plaintiff fails to prove title to that part, plaintiff will not be entitled to a verdict as to it.</p> <p>3. Ejectment—Proof of Title.</p> <p>To entitle plaintiff to recover in ejectment, it is necessary for her to establish by the greater weight of evidence that she has legal title to the land, either by means of conveyances, or by uninterrupted, adverse, and exclusive possession for at least twenty years prior to the commencement of the action.</p> <p>4. Ejectment—Burden of Proof.</p> <p>In ejectment, plaintiff must recover, if at all, on the strength of his own title, and not on the weakness of that of his adversary.</p> <p>5. Ejectment—Proof of Title—Preponderance of Evidence—Reasonable Doubt.</p> <p>In ejectment, plaintiff is bound to prove that she has the legal title by a preponderance or the greater weight of the evidence, though she Is not bound to prove it beyond a reasonable doubt.</p> <p>6. Adverse Possession—Requisites—Presumption.</p> <p>The law presumes a legal t