Ewing v. Burnet

36 U.S. (1 Pet.) 41 (1837)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Symmes executed deeds to the same parcel of land to P (originally to Forman then to Williams who died, then to Ewing as William's devisee) on June 11, 1798, and then again to D on May 21, 1803. P instituted an action of ejectment against D in 1834 to recover the lot. D claimed adverse possession for over 21 years. D resided across from the lot since 1804 and paid taxes on the lot from 1810-1834 and the date of the original deed and up to the trial claimed the lot as his own. The property was only used for digging sand and gravel. D also claimed exclusive right to the gravel on the lot and gave permission to others to remove sand and gravel and brought actions in trespass against those who did so without permission. There was also evidence that Williams was aware of D's activity, but there was no evidence that Williams ever opposed D's entry or ever demanded possession or exercised or assumed any exercise of ownership over the lot. D got the verdict and P appealed.