McArthur v. Kitchen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1873, No. 75. This was an action of ejectment commenced July 17th 1871, by Cyrus Kitchen against William McArthur and others for 100 acres of land in Rockdale township, formerly Yenango township. The plaintiff was the owner of tract No. 1541, in the Eighth Donation district.
Read the full summary
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1873, No. 75. This was an action of ejectment commenced July 17th 1871, by Cyrus Kitchen against William McArthur and others for 100 acres of land in Rockdale township, formerly Yenango township. The plaintiff was the owner of tract No. 1541, in the Eighth Donation district. The defendants were the owners of a tract of land immediately south of 1541, the survey of which was made in 1818, in pursuance of an improvement. The question was the location of the south line of 1541, the defendants claiming that it was…
1Opinion of the CourtChief Justice Asnew
A defect ran through all of the defendants’ points, which necessarily called forth a negative answer from the court below. In none was an actual pedis possessio alleged as within the disputed territory, and in all the actual possession by clearing, fencing and cultivating, was averred only as within the defendants’ survey. This was no fault of counsel, the points being drawn according to the fact as shown in the evidence, that the actual possession of the defendants was south of the boundary line of donation lot No. 1541, as claimed to by the plaintiff, and to which he recovered. The only…
2Cases cited4 opinions
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
- Cowden v. StevensonOhio Supreme Court · 1832
- Lawrence v. HunterSupreme Court of Pennsylvania · 1839
- Thompson v. MilfordSupreme Court of Pennsylvania · 1838
3Cited by6 opinions
- Conneaut Lake Park, Inc. v. KlingensmithSupreme Court of Pennsylvania · 1949
- Parks v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1930
- Inn Le'Daerda, Inc. v. DavisSuperior Court of Pennsylvania · 1976
- Arcadia Co., Inc. v. PelesSupreme Court of Pennsylvania · 1990
- Wickham v. SuttonSuperior Court of Pennsylvania · 1907
1 more not listed; retrieve them via the Exa API.