Munroe v. Mason Zaharides
Superior Court of Pennsylvania
Appeal, No. 45, April T., 1924, by defendant, from judgment of C. P. Beaver Co., March T., 1922, No. 353, on verdict for plaintiff in the case of R. Munroe & Sons v. Frank Mason and Louis E. Zaharides. Ejectment to recover possession of one and one-third acres of land situate at Wolf Run in Beaver County. Before Baldwin, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff and judgment thereon. Defend ant appealed.
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Appeal, No. 45, April T., 1924, by defendant, from judgment of C. P. Beaver Co., March T., 1922, No. 353, on verdict for plaintiff in the case of R. Munroe & Sons v. Frank Mason and Louis E. Zaharides. Ejectment to recover possession of one and one-third acres of land situate at Wolf Run in Beaver County. Before Baldwin, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff and judgment thereon. Defend ant appealed. Errors assigned were the charge of the court, answers to points and the refusal of defendant’s motion for a new trial.
1Opinion of the Court
Opinion by
Keller, J.,
This was an action of ejectment. The real issue raised by the pleadings, (See Act of June 7,1915 P, L. 887) was whether the defendants had obtained a valid title to the land by adverse possession. In their answer, in the nature of a special plea, setting forth their grounds of defense, defendants did not attack the plaintiff’s abstract of title, but set up the affirmative defense of ownership by adverse possession. When, therefore, the plaintiff had proved its record title out of the Commonwealth, in accordance with the abstract forming part of its declaration, this…
2Cases cited14 opinions
- Johns v. JohnsSupreme Court of Pennsylvania · 1914
- Sailor v. HertzoggSupreme Court of Pennsylvania · 1845
- O'Boyle v. KellySupreme Court of Pennsylvania · 1915
- Henry v. HuffSupreme Court of Pennsylvania · 1891
- Lessee of Wilson v. M'VeaghSupreme Court of Pennsylvania · 1796
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3Cited by1 opinion
- Fischer v. HunsbergerSuperior Court of Pennsylvania · 1941