32 N.J.L. 124 | N.J. | 1866
The opinion of the court was delivered by
The point upon which this suit was submitted to the jury, and upon which the verdict passed was, whether the plaintiff was possessed of a right to the premises in question, by an adverse possession of twenty years’ duration. This was the view in which the case was presented in the charge of the judge who presided at the trial; and it is to various propositions of law touching this topic contained in. such charge, to which exceptions have been taken.
Such of these objections as I shall notice are thus stated in the bill of exceptions—
First. The defendant, by his counsel, insisted and asked the court to charge the jury, that if they believed that Abram J. Drake entered into the possession of the said premises as a tenant of John Hannah, he was to be presumed to have continued there as a tenant until the contrary was proved.
I think it must be conceded, upon reflection, that the court erred in refusing to charge, as requested, upon this point. It appeared from the testimony of several witnesses, and, indeed, was a fact that was not in dispute, that Abram ,J. Drake, while possessed of the premises in question, declared that he had entered as the tenant of John Hannah, who was the admitted owner. The counsel for the defence stood on the ground, that as he had entered as tenant, in presumption of law, such tenure continued until the presumption was overcome by evidence. This appears to have been the rule as heretofore understood; nor am I aware of any case which throws it in doubt. . The denial of the right of the landlord on the part of the tenant, in the feudal system, was deemed a breach of faith, highly penal in its consequences, and such denial has always been regarded in law as an unlawful act, and the result is, that if it is alleged such
Second. The court was asked, in behalf of the defendant, to charge, that if the jury believed that Abram J. Drake held under his lease or agreement, proved by William. Drake, up to the time he bought the Pettit mortgage, then no part of that time could be taken into account as adverse possession to give title.
It was an admitted fact at the trial, that Abram J. Drake entered upon the premises in 1834 or 1835, and that he continued to hold until the year 1846, when he purchased the encumbrance upon the property, called the Pettit mortgage. William Drake, one of the witnesses, testified that his father, Abram J. Drake, stated to him the mode in which he claimed to be possessed during this period. He says, to use his own language, “ when father went into possession of this lot, he went in under a lease or a verbal agreement until the debt he (John Hannah, the owner,) owed father should be paid; I never knew of (hat arrangement being altered ; I do not know the amount of the rent a year.” 41 Until father got that mortgage he claimed the property
I am not able to perceive any ground whatever for the refusal of the court to charge, on this head, as requested. This exception was well taken.
Third. That part of the charge was objected to, in which the jury were instructed, that if a party went into possession of property, even with the consent of the owner, and held such property for twenty years, he thereby got a title.
Upon this branch, I think the instructions of the judge,, fairly construed, must be understood as conveying to the jury this idea: that although Abram J. Drake entered into possession as tenant of John Hannah, the owner of the property, still if he paid no rent, and was not interrupted in his enjoyment of the land by the owner, such possession was to be esteemed to have been adverse. The precise language of the charge was this: “The best evidence is that of William Drake, and he swears that his father went into possession under a lease, or agreement, with John Hannah. It does not matter how a man gets into possession. If lie holds twenty years, without recognizing any one as owner, he gets title, and I so charge. It don’t appear that any rent was paid by Drake, but he continued in possession without interruption.”
This instruction is not consistent, as it seems to me, with the well established rules of law upon this subject. If a
But although I have reached the conclusion that the instruction of the court to the jury was, in the several important particulars above considered, contrary to law; still, in my opinion, the defendant cannot prevail on this writ of error The ground of this conclusion is, that it appears clearly from the bill of exceptions, that the plaintiff, at the trial, was entitled to the verdict which has been cast in his favor.
It has been stated already, that the case was regarded at the trial as involving the single question, whether the plaintiff and those under whom he claimed, had held the premises adversely for twenty years. This 1 think was an entire misconception of the legal aspect of'the facts which were proved. Indeed, on the ground of adverse possession for the statutory period, it seems obvious the plaintiff was not entitled to the verdict which he received, for at no point of time embraced by the evidence, did it appear that a possession of
The plaintiff, by his purchase of the sheriff, became vested, by operation of law, with the interest of Drake in the land, and that interest was sufficient to enable him to recover against the defendant in the present action. All that the plaintiff could be required to prove was a possession antecedent to the entry of the defendant which was tortious. And on this ground the right of recovery was clear.
As, therefore, the errors assigned, and which have been deemed well taken, did not injuriously affect the defendant on the trial, the judgment should not be reversed.
Judgment affirmed.