Den on dem. Love v. Gates
Den on dem. Love v. Gates
Opinion of the Court
after stating the case as above, proceeded as follows: As the party in possession of land is presumed to be the owner until the contrary appears, the claimant in ejectment must shew a good title in himself; he cannot found his claim upon the weakness of that of the defendant; for possession gives the defendant a right against every man who cannot establish a good title in himself against every body. The defendant, therefore, generally is permitted to shew a better title than the plaintiffs in a third person. But it has been decided in this State, that where both parties claim title under the same person, it is not competent to either, as suck
. Per Curiam. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.