Coffin v. Lawson

Superior Court of Delaware

Coffin v. Lawson

32 A. 79, 12 Del. 327, 7 Houston 327, 1886 Del. LEXIS 1

DecidedApril 7, 1886

StatusPublished

This text of 32 A. 79 (Coffin v. Lawson) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coffin v. Lawson, 32 A. 79, 12 Del. 327, 7 Houston 327, 1886 Del. LEXIS 1 (Del. Ct. App. 1886).

Pincite

Opinion

Comegys, C. J.,

charged the jury. Possession to be adverse must be exclusive for twenty years to give a good title. In case of a mixed possession of land where no other right or title to it, is shown or proved by either party, the law adjudges it to belong to the party who first acquired the actual and exclusive possession of it, and if the jury were satisfied from the proof that the plaintiff bad acquired exclusive possession prior to the defendant, then he was entitled to recover. If it is a case of mixed possession, the plaintiff could recover for the exportation of the fence rails put on the land by him and carried away and converted to his own use by the defendant.

Verdict for plaintiff.

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Comegys, C. J.,

charged the jury. Possession to be adverse must be exclusive for twenty years to give a good title. In case of a mixed possession of land where no other right or title to it, is shown or proved by either party, the law adjudges it to belong to the party who first acquired the actual and exclusive possession of it, and if the jury were satisfied from the proof that the plaintiff bad acquired exclusive possession prior to the defendant, then he was entitled to recover. If it is a case of mixed possession, the plaintiff could recover for the exportation of the fence rails put on the land by him and carried away and converted to his own use by the defendant.

Verdict for plaintiff.

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Bluebook (online)

32 A. 79, 12 Del. 327, 7 Houston 327, 1886 Del. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffin-v-lawson-delsuperct-1886.