Reports of Cases Argued And Determined in the Supreme Court of South Australia, And in the Vice-Admiralty Court : From July, 1865, to December, 1866
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The legal estate was traced from that period down to a conveyance to the defendant on the 4th October, 1865. The operation of this instrument was not disputed, nor was it disputed that it had the effect assigned to it of vesting the fee-simple in the defendant. But it was insisted that the defendant, on the plea of liberum tenementum, was bound to prove not only a right to the property, 40 SUPREME COURT REPORTS. but a right of entry within ten years ; and the question is, had he to do so. Undou...btedly under that plea the defendant admits a possession in the plaintiff, and that he himself is primd facie a wrongdoer ; but at the same time he undertakes to prove a title which will obviate and do away with the presumption of title arising from possession in the plaintiff, and in my opinion he has done so. It appears to me that the plaintiff has only a possession good against a wrongdoer ; and any rights arising from that as between himself and the defendant are completely obviated by the latter's title ; and the same line of evidence which proved that the defendant was seised in fee showed that he had a right of entry.
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