McRae v. Williams

A deed cannot operate as color of title, so as to have effect beyond the estate which it professes to pass.

This was an action of ejectmeNT, tried before ShepheRD, J., at the last Spring Term of Montgomery Superior Court. The lessor of the plaintiff, in order to show title to the land, described in the declaration, gave in evidence a deed from the defendant to Murphy McRae, dated October 21st, 1845, then a deed from Murphy McRae to James M. Lilly, dated in 1854, and a deed to the lessor, William McRae, in 1857. The demise is laid on the 1st day of May, 1S57. It was admitted by the lessor that the deed from Williams to Murphy McRae, conveyed only an estate for the life of the bargainee, the word “ heirs” having been omitted. Murphy McRae died in 1854, and the defendant entered on the premises and had possession at the bringing of this suit. The plaintiff's counsel insisted that the deed from Williams to Murphy McRae, though conveying no estate in fee, was good as color of title, and he offered to prove the said Murphy had had seven years possession under it and adversely to the defendant. The Court intimated an opinion that seven years possession, under the deed mentioned, did not enlarge the estate of the grantee for life into a lee. In submission to this opinion, the plaintiff submitted to a nonsuit and appealed.