Hughs v. Pickering
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an action of ejectment by John Pickering vs. Joseph Hughs and others, to recover the possession of a tract of land of two hundred acres, in Rose township, Jefferson county, part of warrant No. 371, issued on the 17th May, 1785, to Timothy Pickering. His heir at law was the Hon. John Pickering, and the .plaintiff claimed that at his death, the title to this land vested in him.
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Error to the Common Pleas of Jefferson county. This was an action of ejectment by John Pickering vs. Joseph Hughs and others, to recover the possession of a tract of land of two hundred acres, in Rose township, Jefferson county, part of warrant No. 371, issued on the 17th May, 1785, to Timothy Pickering. His heir at law was the Hon. John Pickering, and the .plaintiff claimed that at his death, the title to this land vested in him. The defendants relied on thé statute of limitations, and the only question in the case was, whether the defendants had acquired title by the statute. On the trial,…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
— The plaintiff exhibits in evidence a perfect legal title to the premises in controversy. This is admitted, but the defendant relies on the act of limitations. The suit was instituted the 19th March, 1847; the title under which the defendant claims commenced in May, 1825, so that more than twenty-one years elapsed from the commencement of the title until the institution of the suit.
To acquire a right by the act of limitations requires a possession of twenty-one years, actual, visible, continued, notorious, distinct, and hostile. The…
2Cases cited3 opinions
- Bank of Pittsburgh v. Whitehead, Sproul & Co.Supreme Court of Pennsylvania · 1840
- Fish v. BrownSupreme Court of Pennsylvania · 1836
- Simpson v. M'BethSupreme Court of Pennsylvania · 1835
3Cited by4 opinions
- Glenn v. ShueySuperior Court of Pennsylvania · 1991
- Covert v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1903
- McNeil v. KetchensAppellate Court of Illinois · 2010
- Lehigh Valley Railroad v. FrankSuperior Court of Pennsylvania · 1909