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Lessee of George Clymer et al., Plaintiff in Error, v. George Dawkins et al., Defendants in Error U.S. 674 (1845)

handle is hein.slavery/ussccases0311 and id is 1 raw text is: SUPREME COURT. L ss E Or GEORGE CLYMER ET AL., PLAINMTF. iN ERROR, V. (,*EORGE D4v-WINs ET AL., DEFENDANTS IN ERROR. A-court is not bound to give, instructions to the jury in the terms required by either party; it is sufficient if so much thereof are given as are applicabli to the evidence before the jury, and the merits of the -case as presented by the parties. The entry and possession of one tenant in common, is ordinarily.deemed the entry and possession of all the tenants; and this presumption willprevail in favour of all, until some notorious act of ouster or adverse possessionby the party so entering is brought home to the knowledge or notice of the others. When this occurs, the possession is from that period treatqd as adverse to the other tenants. Such a notorious ouster oradverse possession may be by any overt act inpais of which the other tenan'ts have due notice, or the assertion in any proceed- ing at law of a several artd.distinct claim or title. If an attempt be made to Qbtain a partition*, although the legal proceedings by which it is'effected may be invalid or defective, still, being a matter of public notoriety, the co-tenant is bound at his peril to take notice of the claim to adverse possession thus set up. If the tenants in possession only claim the undivided interest which was held by their immediate grantors, it is not adverse to the remaining part of the title, and such persons cannot defend themselves in ejectment by giving in evidence an outstanding title elder than that under which they claim; nor can they avail themselves of the Statute of Limitations. But if the occupants entered into possession and held the lafids for more than twenty years before the dommencement bf the suit, by a purchase and claim thereof in entirety and severalty, and not an undivided part thereof in co- tenancy, it i4 an advers6 possession, and the Statute. of Limitations is a good plea. Tmis case was brought up by writ of error from the Circuit. Court of the United Stites for the district of Kentucky. There.were three tenants in common of awtract- of land in Ken- tucky, and the question was, how far thei possession of-the occupiers, holding under to 6f the three, constituted an adverse'possession against the third, so as to entitle them to the benefit of the' Statute 6f Limitation. In 1806, a patent was issued by, the Gbvernor of -Kentucky to George Clymer for one-thiid,-and Charles Lynch and John Blantonl for two-thirds of a certain tract or parcel of land, containing eleven thousand acres by survey, bearing date the 30th of.May, '1784, ly- . ing and being in the county of Jefferson, on the waters of Harrod's creek, and bounded as follows, &c., &c. A division of the land was made by commissioners and offered in evidence during the trial; and: as the various proceedings under this commission ran through a long period of' timer the whole of them will be stated before passing on -to other circumstances in the history of the case. Henry county, the first day of January, eighteen hundred and two. We, William Neall and Isaac Forbes, having been appointed commissioneis by the County Court of the said county of Henry,'in

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