The Archive · 1921

A Land Ownership Title

Interesting Point in Chinese Law Discussed in U.S. Court His Honour Judge Lobingier delivered an important judgement in an action over the possession of a piece of land brought by the Doong Nyi Benevolent Association against the heirs of Henry S. Grew, who were not represented. Mr. Rodger appeared for plaintiffs. In giving judgement his Honour said This is an action to quiet title to a tract of land situated in thd International Settlement of Shanghai known as Cadastral lot No. 204. Plaintiff's chairman testifies that plaintiff has been in possession thereof over 50 years, without meeting adverse claims, exhibits a deed dated 1868 and a series of tax receipts, the earliest of which (Ex. 8) is for 1891.

It appears, however, that on March 19, 1862, the lot in question was registered at the American Consulate in Shanghai in the name of Henry S. Grew and it is to extinguish his claim and those of his heirs and successors that this action is principally brought.

If this land were located within' the United States and the plaintiff had occupied it for the time and under the circumstances disclosed in the evidence here produced, a lecree would undoubtedly be rendered in plaintiff's favour as having acquired title by adverse possession or, as it is termed in the civil law, prescription. The time required varies in different jurisdictions but in none of them is it as long as plaintiff shows its possession to have been and under the latest congressional enactment on the subject it cannot exceed 22 years even as against those under disability.

But the land is located in China and most writers on international

Text read from the printed page and cleaned; old type leaves the occasional error.

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