4 Ind. 143 | Ind. | 1853
Ejectment by the heirs of Joshua Harlan, for a lot in the town of Connersville. Verdict and judgment for the defendant. Motion for a new trial overruled. The evidence is all set out in a bill of exceptions.
The plaintiffs were admitted at the trial to be the heirs of Joshua Harlan. They then gave in evidence a deed of conveyance from John Conner to their ancestor, dated the 30th day of November, 1818. It was further admitted by the defendant that Joshua Harlan, in his lifetime, laid out a portion of the land embraced in the deed, into town lots, as a part of the town of Connersville, and that the lot No. 87, in controversy in the suit, was one of those lots.
The defendant also proved by one Bundrant, that he had known lot No. 87 since 1837; that it was then unenclosed, and was called the property of Solomon Claypool; that in 1843, the defendant, (Brown), went into possession of the lot, fenced it and built a house, and has occupied it ever since.
This was all the evidence.
The plaintiffs asked for several instructions to the jury, all of which the Court refused to give.0 It is unnecessary, however, to examine whether these instructions should have been given, as they were all substantially embraced in the charge which the Court gave. The jury were fully and correctly instructed as to the law of the case. It only remains to examine whether their verdict was sustained by the evidence.
In the case under consideration, Brown could not make out the twenty years without connecting his possession with that of Claypool, by showing that he was in under him. If there was any evidence on this point, we should not be disposed to disturb the verdict of the jury. Butifthe bill of exceptions contains all the evidence, as it purports to do, there is no proof tending to connect the possession of Brown with that of Claypool. Neither one of them was in possession for a period of twenty years. Claypool was occupying and claiming title for some sixteen years, from about 1827 to 1843. Then, it is in proof, Brown went into possession; but how, or under what circumstances, is not shown. From aught that appears, he may have gone in as a mere trespasser, against the consent of Claypool. Having totally failed to establish that his possession of the premises was a continuation of that of
The Court should have granted the motion of the plaintiffs for a new trial.
The judgment is reversed with costs. Cause remanded, &c.