Sadtler v. Peabody Heights Co.

Robinson J., delivered the opinion of the Court. This is an action of ejectment brought by the appellee to recover the bed of a road, which formerly ran through a tract of land called “Huntingdon,” but which was closed by the Commissioners of Baltimore County so far back as 1858. The road ran diagonally across the tract, the right angle being formed by Charles street avenue on the east, and Huntingdon avenue on the south. The entire tract was divided many years ago into lots. ⁵ The road-bed now in controversy lies between two lots both of which belong to the appellants.

The road having been closed, the appellants as such owners, would ordinarily be entitled to the bed of the road, because the title of the .owner of land bounded by a highway as a general rule extends to the middle of the road. In a former appeal, however, between these same parties, the Court held that the title of the appellants did not extend beyond certain stone boundaries, which were planted in the presence of the grantor and grantees, at the time the lot was purchased, and that the fee in the road remained in Carroll, the grantor, under whom the appellee claims- In defence to this action, the appellants claim title to the road-bed in question by adversary possession of more than twenty years. The case was tried before the Court below without the intervention of a jury, and the Court decided as matter of law, that the evidence offered by the appellants, was not legally sufficient to prove an adverse possession sufficient to bar the legal title of the appellee. The question then is, whether there was any evidence from which the Court sitting as a jury, could reasonably find an adverse possession of the road-bed by the appellants for the period prescribed by the statute.

And by adverse possession, we mean an actual, hostile, notorious, exclusive and continuous possession. In determining the question, whether one has an actual possession of property, we must take into' consideration its character and locality, and the rises and purposes for which it is naturally adapted, for the possessory acts over an outlying and uncultivated piece of land, may be proved by acts of ownership somewhat different from what will be required in regard to land under enclosure and in actual cultivation. Here the property in dispute, was the bed of an •old road long since closed, lying near the limits of Baltimore City, the value of which was mainly a prospec ⁶ tive value for building purposes. And though the appellants were not bound to prove actual cultivation of the road-bed, they were bound to prove some definite and positive acts of ownership, such as one would ordinarily exercise over property of like character, and would not exercise over property to which he had no claim.

Besides actual possession, they were bound to prove that such possession was under a claim of right hostile to the title of the appellee, and further that the acts of ownership exercised by them were public and notorious, such as were calculated to notify the appellee and those under whom it claims of the hostile invasion of their rights. We do not mean to say, they were bound to prove actual knowledge, but facts from which such knowledge might be reasonably inferred. Having thus offered evidence tending to prove an adverse possession begun, they were bound further to show that such possession was exclusive arid continuous for the statutory period. If the possession was abandoned by them, or if from any cause they ceased to exercise acts of ownership and dominion over it, the possession of the appellee, the true owner, was restored.

Now, what is the evidence relied on in support of this