Phelps v. Blount

One claiming title under a party who is estopped to deny the title of the Plaintiff, is also bound by that estoppel. He who claims a title by estoppel, is as .to those estopped, in the constructive possession of the land, and may maintain trespass.

From Washington. Trespass q,uare ceausum pub git, tried before his honor Judge Strange, on the last Fall Circuit. The locus in quo was a cypress swamp, which had never been in the actual possession of any one. The Plaintiff offered no evidence, of title, but the will: of one Eleazjcr Swain, by which the land was devised to his son Thomas Swain, and a judgment and execution against the latter with a Sheriff’s deed to himself. He then offered to prove, that Thomas Swain and the De-fcndaut, under If.Is pretended title, entered upon the land, and o'ot a large, quantity of shingles, for which trespass *" the. action was brought. jjut his Honor thinking that the Plaintiff, fo entitle him to recover, ought either to prove an actual possession, or a good and sufficient title, to give him a constructive possession, and that although Thomas Swain might be estopped to deny his title, yet that the estoppel did riot extend to the Defendant — nonsuited the Plaintiff, who appealed to this Court.