M'Call v. Neely
Supreme Court of Pennsylvania
ERROR to Jllleghany county. Ejectment by Sarah M’Call and others, heirs at law of Anna Gibson, against John Neely and others, for a tract of land.
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ERROR to Jllleghany county. Ejectment by Sarah M’Call and others, heirs at law of Anna Gibson, against John Neely and others, for a tract of land. The plaintiffs had a legal title from the commonwealth, by patent dated the 27th of February 1787. The defendants had entered upon the land in 1808, and they, and those under whom they claimed, had resided upon it more than twenty-one years before suit brought, and during that time it had been assessed in their name; they paid the taxes for the whole tract, containing three hundred and eighty-three acres, and cleared and fenced one hundred and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
To give effect to the statute of limitations, the possession of an occupant by a colourable title, is co-extensive with his title; but the possession of an avowed intruder is confined to the land actually occupied by him. Though a settler on appropriated land is not an avowed intruder, his possession extends no further than his actual occupancy, because there is no boundary or any thing else to mark its extent. In Royer v. Benlow, it was not extended to a boundary marked out by the settler himself, because the title remains in the state…
2Cases cited6 opinions
- Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
- Miller v. ShawSupreme Court of Pennsylvania · 1821
- Read v. GoodyearSupreme Court of Pennsylvania · 1828
- Morris v. ThomasSupreme Court of Pennsylvania · 1812
- Gordon v. Lessee of MooreSupreme Court of Pennsylvania · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Lebanon Mining Co. of New York v. RogersSupreme Court of Colorado · 1884
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
- Allen v. MansfieldSupreme Court of Missouri · 1891
- Brennan v. Manchester Crossings, Inc.Superior Court of Pennsylvania · 1998
27 more not listed; retrieve them via the Exa API.