By the Court.—
delivering the' opinion.
This was an action of ejectment, for the recovery of a lot of land in Tatnall. The plaintiff proved that the defendant was in possession of the land in controversy; that the land was, re-surveyed by the witness, Jordan, and a plat made, under an order of Court, and that the resurvey was made from a copy of plat and grant. Benjamin Greiner, a witness for the plaintiff, testified that the premises in dispute to be the place where Frederick Dinkins lived at the date of the bond given by Abner Davis to John Davis, and that John Davis went into immediate possession of the premises at that date, (13th October, 1824,) and continued in possession until he died, about four years thereafter, and that the widow of said Abner Davis, Maache Davis, continued in possession of
We think that the Court, in awarding judgment of non-suit, committed error. The plaintiff had shown a continuous and uninterrupted possession of the land in dispute under color of title and claim of right, either by himself or those under whom he held, for more than seven years prior to the commencement of the action, and he was, therefore, prima fade, at least, entitled to recover. If the grant had not issued from the State for the land, and neither party therefor had the title, still the plaintiff was entitled to recover from this defendant on account of his prior possession. Aug. on Lim., 398, and cases cited. Upon the facts before the. Court, the plaintiff had prima fade a paramount title to the land against the world.
Let the judgment be reversed.