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4 D.C. 104

Reynolds v. Baker

Decided December 15, 1830

Trespass quare clausum fregil. Upon the general issue the defendant, by his counsel, Mr. Redin, offered evidence to show a condemnation of the land for the Chesapeake and Ohio Canal, and a deed from Mrs. Mayfield to the Canal Company, and that the defendant entered under their authority. objected that it was res inter alios acta, but showed no title in the plaintiff. The defendant cannot justify under the general issue. 2 Saund.

Decided 1830-12-15

The Court

¶1(mb. con.) said, that any matter which tended to show that it was not the plaintiff’s close, may be given in evidence under the general issue. The plaintiff’s possession is evidence of his title against all the world but him who has a better title ; and if the defendant shows a better title in himself, he shows that he did not break the plaintiff’s close. The defendant, therefore, may show title in Mrs. Mayfield, or the Canal Company, under whose authority the defendant claimed to enter.

¶2Verdict for plaintiff, $50.

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