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Bradshaw Vs. Ashley
Cites for this judgment
- US Supreme Court
- Jan 14, 1901
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U.S. 59 (1901) U.S. Supreme Court Bradshaw v. AshleySearch
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U.S. 59 (1901) Bradshaw v. AshleySearch
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without title and not connecting himself with any title, cannot justify an ouster of the plaintiff. In Sabariego v. MaverickSearch
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trespass, with no color or pretense of title. The latest case in this Court upon the subject is that of Sabariego v. MaverickSearch
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where the defendant has acquired the possession peaceably and in good faith, under color of title. Lessee of Fowler v. WhitemanSearch
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Drew v. SwiftSearch
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N.Y. 204. And, in the language of the Supreme Court of Texas in Wilson v. PalmerSearch
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a defendant acquiring possession peaceably and in good faith under color of title, cited among others the case of Drew v. SwiftSearch
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the lands were apparently vacant and actually unoccupied. 124 U.S. supra, 124 U. S. 298 . In Jackson v. DennSearch
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Prior possession, although the land was at the time of defendant's entry actually unoccupied, was also said in Whitney v. WrightSearch
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had not been voluntarily relinquished without the animus revertendi. Page 180 U. S. 67 In Smith v. LorillardSearch
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Johns. 337, cited in Sabariego v. MaverickSearch
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subsequent possession of the defendant was acquired by mere entry without any lawful right. The case of Greenleaf v. BrooklynSearch
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where the defendant is simply an intruder and has no color of title. As was said by Pollock, Chief Baron, in Davison v. GentSearch
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as against a trespasser entering without right. Bramwell and Watson, BB., were of the same opinion. See also Asher v. WhitlockSearch
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alienation, and transfer of property, and the effect and construction of wills and other conveyances. De Vaughn v. HutchinsonSearch
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by the trial court, and as evidence of what the law of Maryland was at that time, he cites the case of Mitchell v. MitchellSearch
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the defendant without pretense or color of title, and simply as a mere trespasser or intruder. The cases of Hall v. GittingsSearch
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H. & J. 125, decided in 1807, Page 180 U. S. 70 Cockey's Lessee v. SmithSearch
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H. & J. 20, 26, decided in 1810, and Wilson v. InloesSearch
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strong facts and circumstances, as secondary evidence upon which to presume a grant, as mentioned in Cockey's Lessee v. SmithSearch
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seems to have been regarded as sufficient to maintain the action as against an intruder. They are Hutchins' Lessee v. EricksonSearch
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H. & McH. 339, and House v. BeattySearch
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show that prior possession was relied on as against an intruder by counsel, who referred to the very case of Allen v. RivingtonSearch
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to maintain the same proposition by Kent, Ch.J., in 10 Johns., supra, and by Mr. Justice Matthews in Sabariego v. MaverickSearch
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in which was written by Mr. Chief Justice Alvey of the Court of Appeals, formerly Chief Justice of Maryland ( Staffan v. ZeustSearch
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that such prior possession of the plaintiff was not voluntarily relinquished without the animus revertendi. Allen v. RivingtonSearch
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Smith v. LorillardSearch
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in this particular. After a careful consideration of the question we are of opinion that the case of Sabariego v. MaverickSearch
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U.S. Supreme Court Bradshaw v. AshleySearch
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In Sabariego v. MaverickSearch
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of Sabariego v. MaverickSearch
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Lessee of Fowler v. WhitemanSearch
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Wilson v. PalmerSearch
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of Drew v. SwiftSearch
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In Jackson v. DennSearch
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Whitney v. WrightSearch
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In Smith v. LorillardSearch
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of Greenleaf v. BrooklynSearch
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Davison v. GentSearch
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Asher v. WhitlockSearch
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of Mitchell v. MitchellSearch
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of Hall v. GittingsSearch
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Cockey's Lessee v. SmithSearch
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and Wilson v. InloesSearch
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Hutchins' Lessee v. EricksonSearch
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and House v. BeattySearch
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