Titus v. Wilmarth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehmna County'. Ejectment by the plaintiff below, Lewis P. 'Wilmarth, against Crawford Titus, for thirty-five acres and one hundred and twenty perches of land, surveyed to Wilmarth by virtue of a warrant, dated 6th of December, 1858. The action was brought as an appeal from the decision of the Board of Property, in admitting a survey of Crawford Titus,'the defendant.
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Error to the Court of Common Pleas of Susquehmna County'. Ejectment by the plaintiff below, Lewis P. 'Wilmarth, against Crawford Titus, for thirty-five acres and one hundred and twenty perches of land, surveyed to Wilmarth by virtue of a warrant, dated 6th of December, 1858. The action was brought as an appeal from the decision of the Board of Property, in admitting a survey of Crawford Titus,'the defendant. The plaintiff claimed a settlement from 1814, and proved an actual residence of his father, from whom the property descended to him, from that period continuously. He proved by Charles…
1Opinion of the Court
The opinion of the court was delivered
by Thompson, J.
The plaintiff below and his father, from whom the land in controversy descended, had been in the actual occupancy of it by residence and cultivation for about thirty-five years prior to the alleged inception of title in the defendant below. There was no evidence on the subject of the residence of the defendant at any time on it. On the 27th October, 1853, he applied for the land as a settler, and claimed an improvement of one acre, made in 1849. The application was for thirty acres, excluding the plaintiff’s house-and about five acres of…
2Cited by2 opinions
- Palmer v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1908
- Casher v. PetersonSupreme Court of New Jersey · 1816