having, in like manner, two sons, "_Stephen Dreddlington_"
the elder son, and "_Geoffrey Dreddlington_" the younger son; that Mr.
Aubrey, at present in possession, claims under "_Geoffrey
Dreddlington_." Now it will be incumbent on Mr. Titmouse, in the first
instance, to establish in himself a clear, independent, legal, and
possessory title to the estates; it being sufficient for Mr. Aubrey,
(possession being nine-tenths of the law), to falsify Titmouse's proofs,
or show them defective--"because," saith a very learned sergeant, who
hath writ a text-book upon the Action of Ejectment, "the plaintiff in an
action of ejectment must recover upon the strength of his own title, not
the weakness of his adversary's."[25]
Now, _rebus sic stantibus_, behold the astute Lynx advising (inter alia)
in manner following; that is to say--
"It appears clear that the lessor of the plaintiff (_i. e._ Tittlebat
Titmouse) will be able to prove that Dreddlington (the common ancestor)
was seised of the estate at Yatton in the year 1740; that he had two
sons, Harry and Charles, the former of whom, after a life of
dissipation, appears to have died without issue; and that from the
latter (Charles) are descended Stephen, the ancestor of the lessor of
the plaintiff, and Geoffrey, the ancestor of the defendant. Assuming,
therefore, that the descent of the lessor of the plaintiff from Stephen
can be made out, as there appears every reason to expect, [on this point
Lynx had written two brief pages,] a clear _prima facie_ case will have
been established on the part of the lessor of the plaintiff. As,
however, it is suspected that Harry Dreddlington executed a conveyance
in fee of the property, in order to secure the loan contracted by him
from Aaron Moses, it will be extremely important to ascertain, and, if
possible, procure satisfactory evidence that the decease of Harry
Dreddlington occurred before the period at which, by his father's death,
that conveyance could have become operative upon the property: since it
is obvious that, should he have survived his father, _that instrument,
being outstanding_, may form a complete answer to the case of the
lessor of the plaintiff.[26] The danger will be obviously increased
should the debt to Aaron Moses prove to have been paid off, (as it is
stated was rumored to have been the fact,) by Geoffrey Dreddlington, the
younger son of Charles Dreddlington; for, should that turn out to be the
case, he would probab
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