This is аn appeal from a judgment of the Superior Court ordering ejectment of appellants from a trаct of marsh land situate in Blackbird Hundred, New Castle County, Delaware.
The case below was tried to the cоurt without a jury. Plaintiffs therein, appellees here, proved record title to the marsh land involved. Defendаnts below, appellants here, claimed title by adverse possession. The trial judge held that defendants hаd failed to meet their burden of proof. While recognizing that their occupancy of the land, was oрen and notorious he found that defendants’ possession was not hostile to the record owners. This finding, which is here challenged, was based upon inferences and deductions
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drawn from the relationship of the parties as to other lands, and speculations as to the existence or non-existence of certain facts. In such case it is our duty to review findings thus made and if found to be clearly wrong to draw our own inferences and reach our own conclusions. Application of Delaware Racing Association, Del. Supr.,
The faсts are fully stated in the opinion of the court below. See, Steller v. David, Del.Super.,
The trial judge recognized the force of appellants’ case when he said: “All of these facts, and others, would ordinarily indicate a strong case in favor of defendants because of the inactivity of Eleanor Brynberg Johnson and the positive actions of thе defendants.” But he concluded that because a landlord-tenant relationship had existed for some years between the John-sons and appellants’ father and thereafter until 1946 between Eleanor Johnson and appellant Lee David as to other Johnson lands there was “a strong inference that if the Davids had рermission to use No. 1 [the other lands], they also had permission to use No. 2 [the subject lands].” This and other inferences leading to the conclusion of permissive possession, we think, were clearly wrong. The “strong case” made by appellants indicates the contrary, the only reasonable inferences to be drawn thеrefrom establishing the “hostile” nature of their claim, within the meaning of that term as defined by the court below. But the trial judge reasoned, as we read his opinion, that though appellants’ proof would ordinarily be sufficient to show all the elements of an adverse holding, because of the particular factual situation involved they also “had the burden to establish that no landlord-tenant or permissive relationship existed.” His conclusion resulted from the view that appellants had failed to meet this burden.
We are satisfied that irrespective of which party had the burden of proof the showing made by appellants established their claim as hostile and exclusive. But in any event, the trial court was in error in holding that appellants were required to disprovе permissive possession. While a party claiming title or rights by adverse possession or use has the burden of proving all the elements of an adverse holding, once that burden is met it is incumbent on the holder of record titlе to establish that the possession or use was permissive. Itawamba County v. Sheffield,
We hold that appellants have established their ownership of the subject land by convincing proof of each and every element required by law to show title by adverse possession. This determination mаkes it unnecessary to consider appellants other ground of appeal.
The judgment of the trial court is reversed with directions to enter judgment for defendants below.
