La Frombois v. Jackson ex dem. Smith
8 Cow. 589 · Court for the Trial of Impeachments and Correction of Errors · 1826
Facts
La Frombois, the elder, entered possession of a lot on Lake Champlain around 1768 or 1776, under a written agreement from Francis Mackay. Mackay's document, dated 1768, permitted La Frombois to settle on two lots in Mackay's seigniory and promised a conveyance. La Frombois made improvements and built a dwelling, but was expelled during the Revolutionary War. He returned in 1784, rebuilt his home, and continued to possess and claim the land as his own. In 1798, he openly resisted surveyors attempting to enter the premises under Dean's patent, asserting his title. He died around 1810, passing the possession to his son, who maintained it until the lawsuit began in 1820.
Procedural history
The case was heard by the Supreme Court, which ruled against the defendant below (La Frombois). The Supreme Court's decision was based on the reasoning that La Frombois's claim of title derived from a foreign government rendered his possession unavailing. The defendant below then appealed this judgment to the present court, which is reviewing the Supreme Court's decision.
Issue
Can a long-standing possession of land, under a claim of title that may be defective or originate from a potentially foreign source, constitute adverse possession sufficient to bar an action for ejectment, especially when the foreign origin of the title is not definitively proven?
Holding
Yes, the court held that the defendant's long and continuous adverse possession, under a claim of title, was sufficient to bar the plaintiff's action for ejectment. The judgment of the supreme court, which had ruled against the defendant, was reversed.
Rule
To constitute adverse possession, it is not necessary for the claim of title to be rightful or for the initial deed to be effectual; possession under color of title, however groundless, is sufficient. The key tests are the fact of possession and the "quo animo" (the intent) of the possessor, which must demonstrate a claim of ownership. A written agreement to convey land, even if executory and with consideration paid, can serve as the foundation for adverse possession. If the possessor claims under written evidence of title, defects in that title do not affect the adverse character of the possession. A long, open, and notorious possession, coupled with acts of ownership and resistance to other claims, creates a presumption of entry and holding as an absolute owner, which can mature into title against individuals and even the state after sufficient time.
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