Sharkey

Action of ejectment in which the judgment was in favor of the defendant, and plaintiff appeals.

The complaint is in the most general form, alleging plaintiff's ownership and right of possession, and an ouster and withholding of possession by defendant; and the answer is a specific denial of all allegations of the complaint, except as to the withholding of possession.

James Sharkey, uncle of defendant, was the owner of the demanded premises on May 18, 1878, and plaintiff claims title under him by a deed of conveyance of that date, which purports to be an absolute bargain and sale deed in consideration of six hundred dollars, the payment of which is acknowledged in the deed.

The evidence satisfactorily shows that the deed was signed, acknowledged, and placed in the custody or possession of plaintiff by James Sharkey at or about the time of its date, where it remained until the commencement of this action; a period of thirteen years. James Sharkey continued to reside on the land described in the deed until December 15, 1888, when he died, and *280 defendant, as administrator of James Sharkey, has been, in possession ever since. The plaintiff never had actual possession of the…