Green v. Kellum
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was an action of trespass by Luther Kellum against John F. Green. The plaintiff elaimed the land in question under Luther Kellum, his father, who, in 1810, entered upon land, part of which was in controversy, and which was covered by a warrant in name of Jonathan Nesbitt, and was holding the same at the time of his death, which took place about seven years before the trial.
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Error to the Common Pleas of Susquehanna county. This was an action of trespass by Luther Kellum against John F. Green. The plaintiff elaimed the land in question under Luther Kellum, his father, who, in 1810, entered upon land, part of which was in controversy, and which was covered by a warrant in name of Jonathan Nesbitt, and was holding the same at the time of his death, which took place about seven years before the trial. The plaintiff claimed under the statute of limitations. The defendant elaimed under Dr. Rose, who was the owner of two surveys adjoining the east line of the Nesbitt…
1Opinion of the Court
*258The opinion of the Court was delivered by
"Woodward, J.
The argument of the plaintiff in érror rests on the assumption that Kellum’s possession was without color of title; and if this foundation be taken away, the argument falls into ruins. Long before there was any possession of the Barnes and Montgomery warrants, as early as 1808, according to the defendants’ testimony, Luther Kellurn, the elder, went into possession of the Nesbitt survey and made an improvement claiming to the eastern line, which is admitted to be the true original boundary between the Nesbitt and the Barnes and Montgomery…
2Cases cited1 opinion
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Parks v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1930
- Burns v. MitchellSuperior Court of Pennsylvania · 1977
- Smucker v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1898
- Beam v. GardnerSuperior Court of Pennsylvania · 1901
- Burns v. MitchellSuperior Court of Pennsylvania · 1977
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