Henry Baldwin

“ The law recognizes him as having no rights of property in the lands, unless such as grow out of tenure; his title must remain dormant, while he retains possession for a less term than prescribed by law: it may become active whenever he abandons the possession, or it is protected by the limitation. The same principles, which would prevent a tenant from contesting his landlord's title in a court of law would apply with greater force in a court of equity, to which he would apply, for the quieting of a tortious possession, and a conveyance of the legal title. ”

“ The continuity of the possession does not appear to have been broken; there is evidence of an attempt made by Phillips and Riley, his son-in-law, to tamper and collude with the tenants to attorn him: and some of the witnesses speak of declarations of some of the tenants of their having some sort of connexion with his title; but in what way does not satisfactorily appear. There is no evidence of any agreement between him and any of them; on the contrary, there is clear evidence of the tenancy, of all the occupants under Peyton, from the entry of Wilson, down to the lease to Stith ”

“ If the landlord suffers it to run out without making an entry, or bringing a suit; each party may stand upon their right; but until then the possession of the tenant is the possession of the landlord.
Tested by these principles, the purchase from Phillips in 1814 can have no effect on the merits of this case. Though the possession of Stith became from that time adverse for these specified purposes, it remained fiduciary for all others. He could not assert an adversary title without surrendering possession. ”