Hawk v. Senseman
Supreme Court of Pennsylvania
In Error. THIS was an ejectment brought by the plaintiff in error against the defendants in error, in the Court of Common Pleas of Lancaster county, the circumstances of which, it is unnecessary to state, as the opinion of the Court is confined to a single point, upon which, among several others, the Court below were requested by the plaintiff’s counsel to , 1 „ charge the jury.
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In Error. THIS was an ejectment brought by the plaintiff in error against the defendants in error, in the Court of Common Pleas of Lancaster county, the circumstances of which, it is unnecessary to state, as the opinion of the Court is confined to a single point, upon which, among several others, the Court below were requested by the plaintiff’s counsel to , 1 „ charge the jury. It was as rollovvs: That in order to bar the recovery of the plaintiff, who has a title, by a possession in the defendants, strict proof must be given, not only that the first possession was taken a claim, hostile to…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan, J.
The Court inform the jury, that there was one ground of defence, which, if well founded in point of fact, would operate as a complete bar to the plaintiff’s claim, and that was, that the land had been in the constant and uninterrupted possession of the defendant, beyond the-time required by the statute of limitations. If the Court had stopped here, no objection could be made; and if, from a full view of the whole charge, this can be taken to have been the instruction, then there was no error. I have bent all the force of my understanding, to…
2Cases cited1 opinion
- Shearman v. Irvine's LesseeSupreme Court of the United States · 1808
3Cited by7 opinions
- Culver v. . RhodesNew York Court of Appeals · 1882
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Union Canal Co. v. YoungSupreme Court of Pennsylvania · 1836
- Martin v. JacksonSupreme Court of Pennsylvania · 1856
- Cornelius v. GibersonSupreme Court of New Jersey · 1855
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