Caplen v. Drew
Caplen v. Drew
Opinion of the Court
The general rule is well established, that in trespass to try title the plaintiff must re
The federal court judgment, under which appellant claims title to the lot in controversy, took hen upon the land of Hollis, the defendant therein, from the rendition thereof. If, as a matter of fact, Hollis was in possession of the lot at the rendition of that judgment, then the lien attached to that possession, and the rights attending the same and resulting therefrom, passed by the operation of the hen to, and vested in, the purchaser at the marshal’s sale. Such possession would be evidence of title in Hollis, and as the purchaser connects himself directly with that possession by showing a judgment against Hohis, an execution, return and marshal’s deed, this would constitute sufficient title in the purchaser, in the absence of other evidence, to entitle him to recover.
The appellant had shown a regular chain of title connecting himself with Holhs, but the court below refused to allow him to show the only other fact essential in making out his case; that is, the possession of Hollis at the rendition of the judgment. Tyler on Ejectment, pp. 177, 503; Abbott’s Trial Evidence, 702.
If, in addition to the evidence introduced by appellant, it had been shown that Hollis was in possession of the lot at the rendition of the judgment, then the burthen would
We are of the opinion the court erred in refusing to admit the evidence offered by appellant, and for this the judgment ought to be reversed.
Reversed and remanded.
[Opinion delivered March 11, 1881.]
Reference
- Full Case Name
- John A. Caplen v. H. C. Drews.
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- 1. Evidence in trespass to try title.—In trespass to try title against a defendant in possession, the plaintiff proved a judgment of the federal court against a third party, and that he at a marshal’s sale became the purchaser of the interest of such third party in the property sued for; after this he offered to prove that such third party was in possession of the property at the date when the judgment of the federal court was rendered. Held— 1. The evidence should have been admitted. 2. Bare possession is sufficient to maintain the action against a mere trespasser. 3. The purchaser at marshal’s sale was, by virtue of his purchase, subrogated to all the rights resulting from the possession of the premises by the third party, whose estate he pm-chased. His possession being shown, the burden of proof shifted to the defendant to show a better title,