Goodtitle, Lessee of Parker, against Baldwin
| Jurisdiction | England & Wales |
| Judgment Date | 08 November 1809 |
| Date | 08 November 1809 |
| Court | Court of the King's Bench |
English Reports Citation: 103 E.R. 1092
IN THE COURT OF KING'S BENCH.
[488] goodtitle, Lessee of Parker, against baldwin. Wednesday, Nov. 8th, 1809. A possession of Crown land commencing at least 55 years ago by encroachment on the Crown in the time of the lessor of the plaintiff's father, maintained by the father till his death 19 years ago, and afterwards continued for two years by his widow, when the defendant obtained the possession, would be sufficient evidence for the jury to presume a grant from the Crown to the lessor's father, if the Crown were capable of making such a grant, in order to support a demise in ejectment from the eldest son and heir of such first possessor, against the defendant, who had no apparent title, and whose possession was not defended by the Crown, nor found to be by licence from it. But it appearing upon a second trial, that by the stat. 20 Car. 2, c. 3, all future grants of land by the Crown in the Forest of Dean, within which the land in question lay, were avoided, and consequently no presumption could be made of a valid grant; the lessor of the plaintiff, who can only recover in ejectment by the strength of his own title, was held not entitled to recover even against a stranger, whose possession, adverse to him, was not defended by the Crown. And this, notwithstanding a part of the premises was first held by the lessor's father 60 years ago; and by the st. 9 G. 3, c. 16, the suit of the Crown is barred after a continuing adverse possession for 60 years under the original trespasser : for from the death of the father 1& years ago the possession was adverse to his heir, the lessor of the plaintiff, or at least the defendant's possession for the last 17 years was adverse; and the Act of Geo. 3 does not give a title to the first wrongful possessor and those claiming under him, but only bars the remedy of the Crown against them after 60 years continuing adverse possession by them. And as it does not repeal the stat. 20 Car. 2, c. 3, no presumption of a grant to legalize the possession of the lessor's father for the first 41 years, on which alone the lessor's claim could be founded, can be made against that statute. And the jury, it seems, may presume that the possession of the lessor's father for the first 41 years, and that of the defendant (adverse to the heir) for the last 17 years, were both legally holden by the-licence of the Crown. This ejectment was brought to recover possession of a cottage and a small piece of land adjoining. And it appeared at the first trial before Graham'B. on the last Spring Circuit at Gloucester, that part of the premises 55 years ago, at least, and the-rest about 40 years ago, were taken by encroachment, in three several contiguous plots, out of the Forest of Dean belonging to the Crown, partly by the lessor of the plaintiffs father, and partly by other persons who had afterwards given them up to-him, and he had thrown the whole into one close. The father continued to have quiet enjoyment of the premises till his death, which happened about 19 years ago; after which his widow continued in possession for two or three years; and then the defendant got into possession, but by what means did not at first appear. The widow is since dead...
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