Nichols v. Todd
Nichols v. Todd
Opinion of the Court
This is a writ of entry. The demandant must recover, if at all, on the strength of his own title. He cannot stand upon his paper title. The first deed from the city of Salem to him, having been defectively executed, did not convey the grantor’s title. The second deed from the city, although duly and formally executed, was equally inoperative, because at the time of its execution and delivery the tenant had taken exclusive possession of the demanded premises and thereby dis-seized the'city. A disseizee cannot convey a title.
Having no title by deed, the only question is whether the evidence discloses any such possession of the demanded premises by the demandant as to constitute a good title against the tenant. There is no doubt of the general principle, that actual possession of real estate, without any title by grant or record, constitutes a good title against a stranger having no title. In such case prior possession gives priority of title. Slater v. Rawson, 6 Met. 444. But in the present case the demandant failed to show a prior possession by himself. On the contrary, the evidence rather tended to prove a possession by the tenant at the time of the entry on the premises by the demandant, in which case the demandant was a mere trespasser, and cannot make his tortious entry a foundation of title. But the more decisive answer to this part of the case is, that the demandant shows no possession
Reference
- Full Case Name
- John H. Nichols v. Rebecca Todd
- Status
- Published