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Hitchings v. Morrison, 72 Me. 331, 1881 WL 3953

Facts

The defendant, H. N. Jose, sold a parcel of land to the tenant, specifying a boundary of sixty feet from the Gould line. The tenant occupied the land from May 1856, believing the fence marked the boundary, which was actually six feet beyond the deed's limit. The plaintiff later acquired the title to the remaining land and sought to reclaim the strip, arguing that the tenant's possession was not adverse due to his mistaken belief about the boundary.

The defendant proved that in May, 1856, he moved into the dwelling house, standing upon the land covered by his deed, and took possession of the lot as it was inclosed, occupying, cultivating and improving the land to the fence, having no suspicion that his deed did not include the whole lot that was conveyed to Babcock.

Issue

Did the defendant's possession of the disputed strip of land constitute adverse possession despite his mistaken belief regarding the boundary?

No question is raised as to the extent, duration or continuity of the defendant's occupation.

Rule

A man claiming title only to a specified line cannot acquire a title by disseizin to land lying between the two lines which he does not intentionally claim.

The law of this State is said to be that 'a man claiming title only to a specified line, capable of being ascertained, cannot, by ignorantly having possession up to another line, acquire a title by disseizin to land lying between the two which he does not intentionally claim.'

Analysis

The court analyzed whether the defendant's belief about the boundary affected the nature of his possession. It concluded that the defendant's actions, including cultivating the land and addressing issues with the grantor's drainage, indicated a claim of title to the land he occupied, despite his misunderstanding of the exact boundary. The jury was justified in finding that the defendant's possession was adverse.

From these facts, we think the jury were warranted in finding the defendant was claiming a title commensurate with his occupation, notwithstanding his mistaken view as to the boundary in his deed.

Conclusion

The court upheld the jury's verdict in favor of the defendant, ruling that his continuous and open possession of the land constituted a valid claim of title.

We think the verdict must stand.

Who won?

The defendant prevailed in the case because the court found that his actions demonstrated a claim of title to the disputed land, despite his mistaken belief about the boundary.

The jury found the issue in behalf of the defendant.

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