Spicer v. Dashiells

Citations

• 28 Del. 493
• 5 Boyce 493
• 94 A. 901
• 1915 Del. LEXIS 35

Syllabus

<p>1. Trespass—Possession—Evidence.</p> <p>The action of quare clausum fregit is one for injury to the possession, and plaintiff to support his action must show by a preponderance of the evidence that at the time of the alleged trespass he had actual possession.</p> <p>2. Trespass—Proof of Possession.</p> <p>In an action for trespass, actual possession may be proved by the exercise of acts of ownership.</p> <p>3. Trespass—Proof of Title.</p> <p>In an action for trespass, the legal title to the premises may be shown either by a chain of paper title; that is, by deeds, plats, records, etc., or by an adverse possession.</p> <p>4. Adverse Possession—Essential Elements.</p> <p>To acquire title by adverse possession, the possession must be exclusive, adverse to the rights of all others, and continued for at least twenty years.</p> <p>5. Trespass—Sufficiency of Possession to Support Action.</p> <p>A plaintiff, proving that he was in possession of land when a trespass was committed, is entitled to damages for the trespass, without further proof of title, unless defendant proves a better title or a possession in common with plaintiff.</p> <p>6. Trespass—Possession—Common Possession by Both Parties. Where, in an action for trespass, a common possession by both parties</p> <p>is shown, the parties are both put upon their proof of title, and the law adjudges the rightful possession to him who has the legal title, regardless of the length of time of the other’s holding.</p> <p>7. Trespass—Proof of Possession.</p> <p>The acts of ownership which will show an actual possession sufficient to support an action of trespass depend somewhat upon the character of the land, as the acts required with respect to woodland might not be the same as those required in respect to tillable land.</p> <p>8. Trespass—Questions for Jury—Documentary Evidence.</p> <p>In an action for trespass, a survey of land made in pursuance of an order of the Orphans' Court, or partition proceedings in the Court of