DeWitt v. Bradbury
DeWitt v. Bradbury
Opinion of the Court
delivered the opinion of the Court:
Appellant insists that plaintiff failed to show title, in this, that there is no proof that Benjamin F. DeWitt claimed title to the land in fee. This position is sought to be sustained on the ground that no witness has testified to having heard him say anything about claiming in fee, or how he claimed. This position is not tenable. Barker’s deed professes to convey an estate of inheritance. Immediately after its date Benjamin F. DeWitt took actual possession, and during his life treated it as his own absolute property, by occupying, cultivating and improving it, and before his death by his will claimed it as his home place.
It is plain he claimed title in fee. It is not at all necessary that such a claim should be expressed in words.
The judgment must be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Sylvester DeWitt v. Elizabeth Bradbury
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Ejectment—proof of title by possession, claiming fee. Where a person goes into possession of land under a deed purporting to convey to him a title in fee simple, improves the same and continues to occupy the same up to his death, and in his will claims the land as his home place; a part of which he devises to his wife for life, proof of these facts by the wife in an action of ejectment by her is sufficient evidence of title to authorize a recovery. The claim of title need not necessarily be expressed in words. It may be shown by acts.