Covert v. Pittsburg & Western Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 49, Oct. T., 1902, by-defendants, from judgment of Superior Ct., April T., 1900, No. 152, affirming judgment of C. P. Butler Co., March T., 1900, No. 144, on verdict for plaintiffs in case of Hezekiah Covert and L. M. Covert v. Pittsburg & Western Railway Company and Thomas M. King, Receiver. Appeal from the Superior Court. See 18 Pa. Superior Ct. 541. Ejectment for land in Jackson township.
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Appeal, No. 49, Oct. T., 1902, by-defendants, from judgment of Superior Ct., April T., 1900, No. 152, affirming judgment of C. P. Butler Co., March T., 1900, No. 144, on verdict for plaintiffs in case of Hezekiah Covert and L. M. Covert v. Pittsburg & Western Railway Company and Thomas M. King, Receiver. Appeal from the Superior Court. See 18 Pa. Superior Ct. 541. Ejectment for land in Jackson township. At the trial in the court of common pleas the evidence tended to show that the land in dispute was a strip of land which the defendant claimed as a portion of its right of way under a deed…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
The single question raised here is, not whether a railroad company, possessing the right of eminent domain, can acquire title to land by twentj'-one years’ adverse possession of it, but whether, as a purchaser of the same for railroad purposes from one holding adverse possession, its title is good, if the combined adverse possession of vendor and vendee exceeds twenty-one years.
The appellant offered testimony tending to prove that John Winter had been in adverse possession of the land in dispute for several years prior to November 9, 1877, when he entered into an…
2Cases cited1 opinion
- Hughs v. PickeringSupreme Court of Pennsylvania · 1850
3Cited by8 opinions
- Ontelaunee Orchards, Inc. v. RothermelSuperior Court of Pennsylvania · 1939
- Carter v. Ridge Turnpike Co.Supreme Court of Pennsylvania · 1904
- Connellsville Gas Coal Co. v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
- Hoover v. JacksonSupreme Court of Pennsylvania · 1987
- Carter v. Ridge Turnpike Co.Superior Court of Pennsylvania · 1903
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