Thomas Todd

“ So in an ejectment by a cestuy que trust the tenant may set up in his defence the legal outstanding title in the trustee. Doe v. Staples, 2 T. R. 684. For in all these cases the evidence shows that the plaintiff has no subsisting possessory title at law, and therefore, he ought not to be permitted to disturb the tenant's possession. The general rule is, that possession constitutes a sufficient title against every person not having a better title; and therefore the tenant may stand upon his mere naked possession until a better title is shown. ”

“ By the compact settling the boundary line between Virginia and Tennessee, and the laws made in pursuance thereof, it is declared, that all claims and titles to lands derived from the governments of Virginia, or North-Carolina, or Tennessee, which have fallen into the respective states, shall remain as secure to he owners thereof, as if derived from the government within whose line they have fallen, and shall not be in any wise prejudiced or affected in consequence of the establishment of the said line. ”

“ Rep. 202. goes farther, and decides that a mere intruder upon lands shall not be permitted to protect his intrusion in a suit by the person upon whom he has intruded, by setting up an outstanding title in a stranger. And in Smith v. Lorillard, 10 Johns. Rep. 338. all the authorities were reviewed, and it was held that it is not necessary for the plaintiff in ejectment to show, in every case, a possession of twenty years, or
a paper title; that a possession for a less period will form a presumption of title sufficient to put the tenant upon his defence ”