Campe v. Renandine
Campe v. Renandine
Opinion of the Court
delivered the opinion of the court.
There is no error in the record. The plea of the appellant admits title in the plaintiff to all the land described in the declaration save that specially described in the plea, and denies that he is or was at the institution of the suit in possession thereof. As to a strip six feet wide,- fronting on the bay and running back between parallel lines, he admits his possession and denies the title of the plaintiff. This is an admission that he is in possession of a strip six feet wide of the land described in the declaration, and the sole question for decision was whether plaintiff had title to this land.
The evidence of the plaintiff consisted of three deeds, one from the defendant to one Twitchell, one from Twitchell reconveying the land to defendant, and one from defendant conveying the land to her. The description of the lands in each of these deeds is precisely the description by which the land is demanded in the declaration, and the defendant, by his plea having set out by metes and bounds a part of this land and admitted his possession thereof, has fixed the only uncertain boundary of the locus in quo. , By her declaration the plaintiff demanded and by her deeds showed right to a certain tract of land, the. eastern, western, and northern boundaries of which are described by reference to known, visible objects; the southern boundary is described in effect as being one hundred and eighty feet, “ more or less,” south of the northern boundary. Just where this southern line is located would have been a fact for the determination of the jury on a plea of not guilty by the defendant. But by his special plea he asserted that the plaintiff was in possession of all the land described in her declaration except the part particularly described in the plea, and by this description the defendant himself fixed the southern line of the land demanded. The parol evidence offered by the defendant was produced by him
The judgment is affirmed.
Reference
- Full Case Name
- Auguste Campe v. Marguerite Renandine
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Ejectment. Description of property. Defect in declaration covered by plea. R. brought an action of ejectment against G. to recover certain land, the description of the southern boundary of which, as set out in the declaration, was defective. C. in his plea denied possession of the land except a six-foot strip running between parallel lines from the eastern boundary, in describing . which hefurnished an accurate description of the southern boundary of the land sued for by the plaintiff. On the trial R. introduced a deed from C. to R., in which the land is described precisely as in the declaration. Held, that 0. by his plea admitted possession of a part of the land described in the declaration, and R., having shown by her deed title to all the land described in the declaration, was entitled to recover, the defect in her description of the southern boundary having been fully cured by the description thereof in C.’s plea. 2. Same. Deed. Parol agreement to vary. In an action of ejectment the legal effect of a deed cannot be limited by showing that a certain part of the land conveyed therein was reserved to the vendor by a contemporaneous parol agreement.