EWING V. BURNET
36 U.S. (1 Pet.) 41 (1837)
NATURE OF THE CASE: This was a dispute over title to land.
FACTS: Symmes executed deeds to the same parcel of land to P (originally to Forman then
to Williams who died, then to Ewing as William's devisee) on June 11,1798 and then again to
D on May 21, 1803. P instituted an action of ejectment against D in 1834 to recover the lot.
D claimed adverse possession for over 21 years. D resided across from the lot since 1804 and
paid taxes on the lot from 1810-1834 and from the date of the original deed and up to the
trial claimed the lot as his own. The property was only used for digging sand and gravel. D
also claimed exclusive right to the gravel on the lot and gave permission to others to
remove sand and gravel and brought actions in trespass against those who did so without
permission. There was also evidence that Williams was aware of D's activity but there was no
evidence that Williams ever opposed D's entry or ever demanded possession or exercised or
assumed any exercise of ownership over the lot. D got the verdict and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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