Waggoner v. Hastings
Supreme Court of Pennsylvania
In error from the Common Pleas of Centre. May 27. The plaintiff in this ejectment having shown title and payment of taxes, the defendant gave in evidence a warrant and survey in 1789, which interfered with the plaintiff’s elder survey for some twenty acres. He then proved clearing, cultivation, and residence within the undisputed bounds of his own survey, and gave some evidence that he had cut timber within the interference.
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In error from the Common Pleas of Centre. May 27. The plaintiff in this ejectment having shown title and payment of taxes, the defendant gave in evidence a warrant and survey in 1789, which interfered with the plaintiff’s elder survey for some twenty acres. He then proved clearing, cultivation, and residence within the undisputed bounds of his own survey, and gave some evidence that he had cut timber within the interference. The court (Woodward, P. J.) instructed the jury, that colour of title gave constructive possession to all the land included in it; but this rule did not prevail where one…
1Opinion of the CourtGibson, C. J.
We have not enough on our paper-books to determine the exception to evidence. In deducing title to the plaintiff, certain deeds to and from commissioners of bankruptcy were offered and objected to, because they were said to be merely notarial copies; but as they have not been produced, we are unable to say what they were, or whether they were properly authenticated. The exception, therefore, is no further to be noticed.
The exception to the charge is better founded. The general principle was well stated, that one who enters on land under a younger warraht, or any other colourable title, is in…
2Cases cited3 opinions
- Miller v. ShawSupreme Court of Pennsylvania · 1821
- Cluggage v. Lessee of DuncanSupreme Court of Pennsylvania · 1814
- Burns v. SwiftSupreme Court of Pennsylvania · 1816
3Cited by1 opinion
- Henry v. HuffSupreme Court of Pennsylvania · 1891