Case No. 4,286.

EDMONDSON v. LOVELL.

[1 Cranch, C. C. 103.]¹

Circuit Court, District of Columbia.

Dec. Term, 1802.

DEED—NECESSITY FOR PROOF OF EXECUTION—TRESPASS QUARE CLAUSUM FREGIT BASED ON POSSESSION ALONE.

1. The execution of a deed of land need not be proved by the witnesses if it be acknowledged and recorded.

2. Possession alone will maintain trespass quare clausum fregit against one who has no title.

[Action of trespass quare clausum fregit by Ninian Edmondson against Lovell.]

THE COURT decided that the execution of a deed of bargain and sale of land need not be proved, by subscribing witnesses if the deed has been duly acknowledged and recorded. And that possession alone was sufficient to maintain the action against one who has no title.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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