Elwood v. Lannon's Lessee

Chain, J., delivered the opinion of this Court. The plaintiff’s lessee instituted an action of ejectment in Allegany county to recover the several parcels of land named in his declaration. The defendants were served with the notice of the writ, appeared to the suit and pleaded not guilty to the declaration. It appears from the evidence in the record that William Lannon was the owner in fee of the real estate in controversy, and died in possession of the same in 1858, leaving a widow, Winnifred, one ©f the appellants, and an infant daughter, called Mary, his only heir-at-law, who died in February, 1863, intestate, and unmarried.

Her father, William Lannon, had three brothers, Michael, Peter and John.- Michael died before William, leaving several children, who are living. Peter and John survived their brother William, and were living at the death of Mary Lannon. Peter and John Lannon on the death of Mary, their niece, claimed all the estate in' controversy as her heirs-at-law and next of kin. John Lannon sold all his interest in the land to ²⁰⁷ his brother Peter, who instituted this action to recover the same.

After the writ was served on the defendants they appeared to defend the suit and filed a petition, verified by an affidavit, in which they set forth that they were the tenants in possession of the real estate in controversy; “that Winnifred Elwood was the wife of one William Lannon, and that said William Lannon died seized in his demesne, as of fee in the premises, and left Mary Lannon, an infant daughter, and his only heir-at-law to said premises ; that said Winnifred was appointed guardian to said Mary by the Orphan’s Court of Allegany county, and as such guardian, and in her own right as widow of said William, she remained in possession of the premises during the life of said Mary, who died in Eebruary, 1863, and since that time said Winnifred has continued in possession of said premises, claiming her dower interest in the same, and also as heir to her said daughter, Mary Lannon; and that the defendant, Maurice Elwood, has intermarried with the said Winnifred, and is in possession by virtue of her rights.” By this admission filed in the cause the defendants distinctly declare that they claim and hold this real estate in virtue of Winnifred’s dower right in the property, as the widow of William Lannon, and as the heir to her daughter, Mary Lannon. They set up no other claim. Peter Lannon, in his own right and as grantee of his brother John, claims the same property as next of kin to Mary Lannon. Both parties claim under the same person, and it is prima facie sufficient to prove the derivation of title from Mary Lannon without producing any patents or deeds to prove the title of William Lannon and his daughter Mary.

We consider the admission of a most conclusive character, for it admits the fee simple was in William Lannon and descended to his daughter Mary, who died in 1863. By it they were estopped from claiming the property under any other title. It must also be ²⁰⁸ regarded as an admission made in the course of judicial proceedings for the purpose of showing that the defendants were in possession of the property hy virtue of the defendant Winnifred being the widow of William Lannon and the mother of Mary Lannon, and it would be contrary to good faith to permit a party to controvert the title of him, by whom he has obtained possession. Adams on Ejectment, 261.

As both parties claim under William Lannon, there can be no controversy about his title, and the only question for us to determine is, has the plaintiff, by the evidence in the record, shown such a title as to enable him to recover in this action ? Courts of law are controlled by well known principles applicable to ejectment suits, and which are never disregarded. A plaintiff in ejectment must recover by the strength of his own title, and not by the weakness of the title of his adversary ; and it is also essential to enable him to maintain an action of ejectment and to recover the real estate, that he should be clothed with the legal title and the right of possession at the time the action was instituted; the weakness of ■the title of the defendants cannot operate to vest a right and title to the property in him. In this action he must show affirmatively that he is entitled to recover the property, as heir-at-law and next of kin to Mary Lannon. .

There is no evidence in the record of the death of the father of William Lannon, and in the absence of such evidence we cannot assume his death on the ground of legal presumptions. By the law of descents the real estate goes to the grandfather of Mary Lannon, and until his right was. extinguished, or his death proved, the uncles