122 Me. 81 | Me. | 1922
Real action to recover nineteen twenty-first parts of certain real estate to which demandant claims title as an heir of Coleman Carter, who died March 15, 1906, and as grantee of the widow and five other heirs of said Carter.
The tenants are the widow and next of kin of Edbert E. Carter, the remaining heir of Coleman Carter, who died April 27, 1907. They claim title by an oral grant of the demanded premises by Coleman to his son, Edbert, in the year 1885, in consideration that Edbert would make needed repairs and reconstruction of the buildings on the
Under instructions to which no exceptions were taken, the jury found for defendants, and the case is before us upon a general motion for a new trial.
It must be considered as settled law that where one enters upon land claiming title, though under a parol grant only, and holds open, exclusive, adverse, and uninterrupted possession thereof for twenty years, he thereby acquires title. Sumner v. Stevens, 6 Met., 337. Webster v. Holland, 58 Maine, 168, 169. Jewett v. Hussey, 70 Maine, 433, 436. Shirley v. Lancaster, 6 Allen, 31, 32. An occupation of land under a parol gift from the owner is an occupation as of right. Stearns v. Janes, 12 Allen, 582, 584. Possession under a claim of title, with or without deed, is adverse. Ashley v. Ashley, 4 Gray, 197, 200.
The principle is thus stated by Chief Justice Shaw in Sumner v. Stevens, supra, and we here quote his language because the quotation in Jewett v. Hussey, supra, contains typographical errors which confuse the meaning:
“A grant, sale or gift of land by parol is void by the statute. But when accompanied by an actual entry and possession, it manifests the intent of the donee to enter and take as owner, and not as tenant; and it equally proves an admission on the part of the donor, that the possession is so taken. Such a possession is adverse. It would be the same if the grantee should enter under a deed not executed conformably to the statute, but which the parties, by mistake, believe good. The possession of such grantee or donee cannot, in strictness, be said to be held in subordination to the title of the legal owner; but the possession is taken by the donee, as owner, and because he claims to be owner; and the grantor or donor admits that he is owner, and yields the possession because he is owner. He may reclaim and reassert his title, because he has not conveyed his estate according to law, and thus regain the possession; but until he does this, by entry or action, the possession is adverse. Such adverse possession, continued twenty years, takes away the owner’s right of entry.”
. If the jury believed the witnesses who testified in behalf of the tenants, they were clearly warranted in finding that in the year 1885 Coleman Carter made a parol grant of the disputed premises to his son, Edbert, upon Edbert’s agreement to make necessary repairs and reconstruction of the buildings; that Edbert in September and October of that year assumed possession and control of the property, and made the promised repairs and reconstruction of the buildings, expending approximately as much as the property without the buildings was worth; that he continued in control and possession of the demanded premises until his death in 1907, notwithstanding his business and residence was in Cambridge,' Mass.; that his family spent their summers there, and that Edbert paid the taxes and furnished any money needed on the place; that in June, 1904, he sent his son, Myron, to “live on the place and that since the death of Edbert in 1907 Myron has occupied the place and had actual possession thereof for the present tenants.
But it is urged that upon this theory Edbert permitted his father and mother to live on the place until Coleman’s death ip 1906, thus, it is said, constituting the owner “the agent for the disseizor in thüs acquiring title against himself by adverse possession.” We think, however, that the jury was warranted- in finding that at all times after 1885 Coleman Carter recognized Edbert’s claim of right and possession, and occupied in subordination to it. The statements of Coleman Carter, to the effect that, — “The place belongs to Bert and Annie” — “Bert owns the place” — “I am glad I gave Bert my place,” — “I hope that I shall never be sorry that I gave Bert my place,” and his statement that he could not give security for an old debt because he had transferred his property to his son,- — were competent evidence as bearing upon the question of adverse posses
Motion overruled.