Schwab v. Bickel
Superior Court of Pennsylvania
Appeal, No. 2, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, No. 1047, dismissing exceptions to referee’s report, finding for "the plaintiff, in an action of ejectment. Opinion by Beaver, J. Ejectment. Before Schuyler, P. J., of the Bd judicial district, specially presiding.
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Appeal, No. 2, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1894, No. 1047, dismissing exceptions to referee’s report, finding for "the plaintiff, in an action of ejectment. Opinion by Beaver, J. Ejectment. Before Schuyler, P. J., of the Bd judicial district, specially presiding. It appears from the referee’s report that this action arose about the right to the possession of a narrow strip of land something over two feet wide and fifty-nine feet in length, defendant claiming title to it by adverse possession under the statute of limitations. The facts sufficiently…
1Opinion of the Court
Opinion by
Beaver, J.,
“ At common law the ceremony of livery of seisin was necessary to vest title. This custom was never adopted in this country or, if it was, it has been wholly superseded by the use of deeds acknowledged and recorded, which are equivalent to livery of seisin. A deed acknowledged and recorded gives to the grantee legal investiture of the land conveyed and has the same effect as if the grantor entered upon the land and gave actual seisin by the formal delivery of the accustomed turf and twig in the ancient ceremony. In this country actual entry on the land by an heir or a…
2Cases cited3 opinions
- Groft v. WeaklandSupreme Court of Pennsylvania · 1859
- Carson v. GodleySupreme Court of Pennsylvania · 1856
- Deppen v. BogarSuperior Court of Pennsylvania · 1898
3Cited by2 opinions
- Commercial Motors Mortgage Corp. v. WatersSupreme Court of Pennsylvania · 1924
- Lednak v. Swatsworth, Pennsylvania Court of Common Pleas, Clearfield County1984