Woods v. Farmere
Supreme Court of Pennsylvania
ERROR to the district court of Alleghany county. James Woods against John Farmere and Robert Davis. Ejectment for a part of lot No. 200 in the outlots of Alleghany. The original title to the land was in John Woods, Sen. the father of the plaintiff, and both parties claimed under him.
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ERROR to the district court of Alleghany county. James Woods against John Farmere and Robert Davis. Ejectment for a part of lot No. 200 in the outlots of Alleghany. The original title to the land was in John Woods, Sen. the father of the plaintiff, and both parties claimed under him. The plaintiff proved clearly that he had purchased the land in dispute in the spring of 1815 by parol from his father; that he had paid the purchase money, and gone into possession, and there remained until the death of his father in 1819, and afterwards until 1825 or 1826 ; during which time he lived upon it.…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The English courts give an unlimited effect to possession as an index of title. In Douglass v. Whitney, and Daniel v. Davidson, 16 Ves. 249, where the doctrine attained its maturity, it was settled that the possession of a tenant is notice of his actual interest, whether as a lessee or a purchaser. The principle may seem to have been pushed, in these instances, to the verge of propriety; yet where the occupant has not an opportunity to register his deed, or a deed to register, nothing short of it could protect him. In Pennsylvania every…
2Cases cited4 opinions
- Milliken v. BrownSupreme Court of Pennsylvania · 1829
- Kerns v. SwopeSupreme Court of Pennsylvania · 1833
- Powers v. M'FerranSupreme Court of Pennsylvania · 1815
- Plumer v. RobertsonSupreme Court of Pennsylvania · 1820
3Cited by30 opinions
- Watkins v. EdwardsTexas Supreme Court · 1859
- Pell v. McElroyCalifornia Supreme Court · 1868
- Malamed v. SedelskySupreme Court of Pennsylvania · 1951
- Work v. BraytonIndiana Supreme Court · 1854
- Tuttle v. ChurchmanIndiana Supreme Court · 1880
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