Pratt v. Eby
Supreme Court of Pennsylvania
Error to ■ the. Court of Common Pleas of Chester county: No. 257,.to January Term 1871. . This was an amicable action of debt and cáse stated, in which ' Henry Eby was plaintiff and Joseph Pratt was.defendant.
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Error to ■ the. Court of Common Pleas of Chester county: No. 257,.to January Term 1871. . This was an amicable action of debt and cáse stated, in which ' Henry Eby was plaintiff and Joseph Pratt was.defendant. It was commenced-September 6th 1870. The ease exhibited the following facts:— The Rev. Robert Graham, of Penn township, in said county, being seised in fee of two certain, messuages and three lots or parcels of land adjoining each other, situate- in said township of Penn, &c., and containing altogether 69 acres and 72 perches of land more or less, died intestate November 5th 1835,…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
A title depending on the bar'of the Statute of Limitation maybe a marketable title which a purchaser will be compelled to accept, provided it clearly appears that the entry of the real owner or owners is barred: Shober v. Dutton, 6 Phila. Rep. 185. As where there is an owner in fee under no disability at the time the title accrues as against whom the statute begins to run and of course continues to run as against all his alienees, whether of particular estates or otherwise, and twenty-one years elapse without entry, or what is equivalent…
2Cited by7 opinions
- Way v. HootonSupreme Court of Pennsylvania · 1893
- Medusa Portland Cement Co. v. LamantinaSupreme Court of Pennsylvania · 1945
- Brown v. DavisCourt of Chancery of Delaware · 1925
- Stone v. CarterSuperior Court of Pennsylvania · 1911
- Crocker v. Ingersoll Engineering & Constructing Co.Court of Appeals for the Sixth Circuit · 1918
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