United States Case Law of Recovery From Disseisee in Cestui Que
In a few American jurisdictions the grantee from one whose land is adversely held is still precluded from maintaining an action in his own name to oust the adverse possessor. A conveyance of land held adversely to the grantor is champertous and void. The title to the land remains in the grantor and the grantee cannot maintain an action for breach of the covenant in the conveyance. The fact that the transaction was fair and bona fide does not change the rule. It has been said that the common law doctrine is obsolete, not being suitable to conditions and circumstances of the people of this country.
Possession by a cestui que trust is not adverse to his trustee, and such possession will not void the latter to be champertous.
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