Tapscott v. Lessee of Cobbs
Supreme Court of Virginia
52 Va. (11 Gratt.) 172 (1854)
Relevant factsFree
Sarah Lewis had purchased and taken possession of property of uncertain perfect title, and after her death and years of apparent vacancy, Tapscott (defendant) took possession with no claim to title at all; her heir Cobbs (plaintiff) sued for ejectment, and the lower court ruled for Cobbs.
IssueFree
Whether a trespasser in possession of property, although clearly without title, has the right to the property over an individual who cannot prove her title, but whose ancestor was in peaceful possession of the property.