Melson v. Willoughby

Citations

• 30 Del. 83
• 102 A. 983
• 7 Boyce 83
• 1917 Del. LEXIS 45

Syllabus

<p>1. Trespass—Sufficiency of Title in Plaintiff—Proof.</p> <p>In trespass, plaintiff must show by a preponderance of evidence that at the time of the alleged trespass he had actual possession of the land.</p> <p>2. Trespass—Legal Title—Proof.</p> <p>In trespass on real estate, legal title may be shown either by claim of paper title—that is, by deeds, plots or records—or by adverse possession.</p> <p>3. Adverse Possession—Essentials in General.</p> <p>To acquire title by adverse possession, the possession must be exclusive, notorious, adverse to the rights of all others, and continued uninterrupted for a period of at least twenty years.</p> <p>4. Adverse Possession—What Constitutes.</p> <p>In action of trespass, whether acts constituted adverse possession depends somewhat upon the character of the land, purpose for which used, and conditions existing at the time of the alleged tresspass.</p> <p>5. Adverse Possession—Mixed Possession.</p> <p>In trespass, where woodland lies between two persons, both claiming it, it is a mixed possession, and the law adjudges it to him who has the legal title.</p> <p>6. Evidence—Surveys—Weight.</p> <p>In a boundary dispute, a survey of land made in pursuance of an order of the Orphans’ Court is to be considered in conjunction with other evidence, ■as other records are, and given such weight as the jury thinks it is entitled to.</p>