John Catron

“ Their possession was that of the complainants; the church merely holding in trust, not in fee. From lapse of time, a perfect title may be created by presumption. The law will, after a possession of twenty years, presume the existence of a deed; but if the facts adduced are found to be insufficient to warrant a belief of title, then the presumption fails of its effect. A tenant who has lived on his farm for twenty years, may defend himself on the presumption of a deed; but if he produce an insufficient and void deed or title, then the force of the presumption is taken from him ”

“ That a religious corporation, which is by law incapable of receiving or taking lands by devise, cannot hold adverse possession of such lands upon which they have entered and always claimed under such devise. This being the case of the respondents, the complainants were entitled, as heirs-at-law, to rents and profits and the proceeds of sales; at least, after deducting therefrom a support for the ministers of said church, which the income greatly exceeded, and to which extent and no other, by the terms of the will, could the revenues and income of the devised premises be applied. ”

“ Wherever the relation of trustee and cestui que trust is distinctly created, is real and substantial, and not merely the creature of implication, where equity will recognise its existence and enforce its obligations, the possession by the trustee cannot be converted into one of an adverse character; and lapse of time will interpose no bar. The trust is here averred in the bill, it is denied by counsel in argument, but neither the plea nor answer controvert the allegation. The bill also contains the precise averments which show the legal existence of a trust. ”

“ In some respects, the restrictions upon a corporate body in thus acquiring title, are greater than exist in relation to private persons. By way of illustration, it may be suggested, that when a natural person has disseised a rightful owner, and dies seised, by this casting of the descent, the heir succeeds to a higher species of title than his ancestor had. So, if a corporation should, by purchase, acquire the title of the original disseisor, or after descent cast, of his heir, this might furnish a good title by adverse possession. ”

“ Lord, with whom was Wood, for the respondents.-The only equitable relief sought by the bill, is discovery in aid of an action at law, partition of land held in common, and a declaration of an implied trust. To all these, the statute of limitations, and lapse of time, are a bar at law and in equity: no express trust for the complainants can be pretended; and a trust for others does not prevent the possession of the trustees from being adverse. ”

“ Neither by the plea, nor answer, was it shown, that forty years before the filing of the bill, anything took place of the nature of ouster; or that any open, public and notorious disclaimer had been made, and a new and different title asserted. The defendants rest merely on the limitation-the mere naked possession, claiming, as they say, 'to have enjoyed the property, in their demesne as of fee, in severalty, holding adversely, &c.' Claiming in fee is an inconclusive, insufficient plea. It should be more definite. ”

“ Wills not conformable to the statute are always void. If made by a joint tenant, an infant, a feme covert, or without three witnesses, they are void: but will not a possession under such wills, for more than twenty years, bar an ejectment? Can the question of voidness be agitated, after an indefinite lapse of time? ”

“ It is not a prerogative right of the king to make dispensation of an express statute. He cannot do it; the king cannot do any act forbidden by law. The charter of incorporation under which the defendants allege a right to take the estate in question, can be of no avail whatever; because it was not in the power of the sovereign to permit that to be done which the laws of the kingdom prohibited. As the laws prohibited a devise of real estate to religious houses, no sanction on the part of the king could legalize any such bequest, to the prejudice of the rights of third persons ”

“ The complainants allege the will is void; the respondents disregard the allegation as immaterial, and raise no question on its validity. They rely on forty years adverse possession, claiming to hold for themselves in fee-simple, and in severalty. To cover the possession, no paper title is invoked, substantial inclosure and actual occupancy for forty years, are relied on in substitution of a valid paper title. The plea having been set down for argument, the facts it assumes must be taken as true ”

“ Complainants have applied to defendants, 1st, For an admission or statement of the will of Haberdinck, under which they claim to hold, and for permission to inspect and read the same; to enable them to proceed at law for the recovery of the property. 2d, For a list or schedule of the several lots held by them or their tenants, under color and pretence of title, derived from Haberdinck, and for any lease or assignment to them, and for the rent roll and an account. That defendants pretend, that John Haberdinck was not so seised in fee, the contrary is charged by complainants to be the truth. ”

“ All the mass of property held by individuals, invested with corporate franchises, would be incapable of becoming sure by lapse of time. It is not an open question as to this cause, that corporations, even religious, may acquire title by possession, although commencing by fraud and wrong. ”

“ In general terms, they traverse the particular right set up by complainants. So far, then, as there are affirmative averments made in the plea and answer, the defence set up is, in its whole length and breadth, an assertion of a possession for forty years, under a claim of title. So far as it negatives or traverses the averments in the bill, it denies any joint estate with complainants, or as trustee for complainants, or under any lease from complainants' ancestor, or under any title subordinate to that of complainants. ”

“ They are, moreover, a religious body, professing, and it does not become me to intimate that these professions are not sincere, to appropriate their revenues as well as their services, in the most praiseworthy objects of human attention. ”

“ Coxe, in reply.-The large amount of property involved in this case, and zeal and ability with which the defendants have resisted the complainants' demand, have conferred upon it an importance to which it never could have attained, had the subject of the controversy been less valuable, or the principles of law at issue between the parties alone been considered. The complainants are humble citizens, obscure and unknown; the defendants a wealthy and powerful corporation. ”

“ It, however, by no means follows, that every possession by a religious corporation will be regarded as such an adverse possession as will furnish it with a shield against the rightful owner. The complainants contend, that this capacity in the respondents is limited and restricted. 1. Under no circumstances will it be available, when, in the case of a natural person, it would not be. Wherever, from the character of the possession, a private individual would be precluded from interposing such a defence ”

“ These averments are unnoticed in the plea or answer, and must, consequently, on this argument, be assumed to be true. Nor is there any weight in the objection raised by counsel, in the argument, that the claim of a trust is incompatible with the general scope of the bill. That bill is framed with a double aspect; one of the views which it presents is, that if it was the design of the testator to provide a fund for the specific purpose mentioned in his will, which is clearly the case, from the strong affirmative as well as negative words employed by him ”

“ And under some title, subordinate to that of the heirs-at-law, the respondents have ever claimed, held and enjoyed the premises. That so late as the year 1810, they admitted, by an inventory returned to the chancellor, that they held under a demise to the corporation by John Haberdinck. The charter granted by the king in 1696, is substantially set forth, and it is averred, the annual profits of the premises devised, exceed two hundred pounds, or $500, the extent to which the church was permitted by law to receive profits ”