Storr v. James

Citations

• 84 Md. 282
• 35 A. 965
• 1896 Md. LEXIS 111

Syllabus

<p>Trespass q. c. f—When Defendant May Prove Title in Himself Without Pleading Liberum Tenementum—Partition—Sale of Land to Enforce Payment of Owelty— Title of Purchaser—Adverse Possession—Enclosure of Land—Instructions—Evidence.</p> <p>If the evidence offered be relevant, it is admissible although taken by itself it may be insufficient to support the issue it is adduced to establish.</p> <p>When upon a partition of land by commissioners, notes are executed by one of the heirs to others to secure the payment of owelty, and a bill in equity is subsequently filed for the sale of the land to enforce payment of the notes, a deed by the trustee to make the sale con- . veys the title to the purchaser and a deed from the commissioners who made the partition is not necessary.</p> <p>In an action of trespass quare clausum fregit, the defendant may show title to the land and a right of possession in himself without pleading liberum tenementum.</p> <p>When it is not necessary for a defendant in trespass q. c. f. to justify ' the removal of personal property from the premises in dispute, he may, under the plea of not guilty, show title in himself to the locus in quo.</p> <p>When the whole law of a case has been fairly submitted to the jury by the instructions actually given, a refusal to grant other prayers which reiterate the same principles in different words is not erroneous.</p> <p>Though a title by adverse possession may be established without proving an actual enclosure of the land, yet an enclosure is, when erected by a party relying on a title by prescription, some evidence tending to show the character of his claim.</p> <p>But when the defendant under whom the plaintiff does not claim erects a fence for his own purposes, within his own lines, such a fence is not an enclosure by the plaintiff and cannot be relied on by him to show adverse possession by enclosure.</p>