Clark v. Peckenpaugh

This was an action of ejectment brought by William Clark against James W. Peckenpaugh. The plaintiff gave in evidence a deed from the patentee to James Clark, and one from James Clark to himself. The defendant proved what is admitted to have been color of title, and that he had paid all taxes from 1855 to 1864, inclusive. To rebut this evidence the plaintiff then offered a deed of general warranty from one E. Muse, Jr., to the defendant, bearing date January 23, I860. The court, however, held the defense to have been established under the limitation law of 1839, and gave judgment for the…