223 F. 756 | 4th Cir. | 1915
In this suit to have defendants’ claims to a tract of land known as lot 56 adjudged invalid as a cloud on the plaintiff’s title, the District Court granted the relief asked for. Careful consideration of the record, in the light of the argument of counsel, leads to the affirmance of the judgment on the reasoning of the District Judge. There are two points, however, to which it may be well to make special reference. The plaintiff claims under a grant from the state to Claiborne made in 1797. The defendants claim under a grant from the state made in 1850. The junior grant overlaps the senior by 64.35 acres claimed by the defendant Plarris and 126.45 acres claimed by the defendant Johnson, and this is the land in controversy.
“This indenture made this 18th day of April, in the year eighteen and thirty-five, between William McCoy, who acts in this transaction as attorney in fact for Thomas Greene who is granted trustee attorney in fact for the heirs of George Pickett now deceased last of the city of Richmond, in the state of Virginia, of the one part and Israel Baldwin of Preston County, in said state of Virginia of the other part.
“Witnesseth, That the said McCoy acting as above named and being thereunto authorized by certain deeds powers of attorney, and as will more fully appear being recorded in the office of the Clerk of the Comity Court in the County of Preston aforesaid, hereby for a valuable and full compensation to him.” etc.
True, the general rule is that recitals in a deed introduced by the plaintiff are not binding on a defendant claiming under an adverse title. Rowland Co. v. Barrett, 70 W. Va. 703, 75 S. E. 57. But recitals in ancient deeds and acts done under them are admissible against all parties, and may form the basis of any reasonable inference to be drawn from them. Carver v. Jackson, 4 Pet. 1, 7 L. Ed. 761; Crane v. Morris, 6 Pet. 598, 8 L. Ed. 514; Deery v. Cray, 5 Wall. 795, 18 L. Ed. 653; Fulkerson v. Holmes, 117 U. S. 389, 6 Sup. Ct. 780, 29 L. Ed. 915; 1 Elliott on Evidence, 428; 1 Greenleaf, 46. The recitals of this ancient deed, the fact that it purported to convey the entire fee, the testimony as to exclusive claim and possession of grantees under it, and the destruction of the records, taken together, was evidence from which the trial judge might legitimately draw the inferences that Pickett's heirs had acquired the interest of ■Hopkins, and that Thomas Green had been duly empowered to execute the deed and convey the entire estate. This is on the principle that it is exceedingly improbable that the Hopkins heirs would have remained inactive so long if they had any interest in the extensive domain conveyed, or that Pickett’s heirs would not have repudiated the deed if Green was without authority to convey for them.
Affirmed.