Kimmel v. Shaffer
Supreme Court of Pennsylvania
Appeal, No. 6, Oct. T., 1907, by defendant, from judgment of C. P. Somerset Co., May T., 1904, No. 360, on verdict for plaintiff in case of Abbie Kimmel v. Clara K. Shaffer.
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Appeal, No. 6, Oct. T., 1907, by defendant, from judgment of C. P. Somerset Co., May T., 1904, No. 360, on verdict for plaintiff in case of Abbie Kimmel v. Clara K. Shaffer. Petition for an issue to settle title to land under Act of June 10, 1893, P. L. 415. The petition of Abbie Kimmel represented that she is the owner and has title in fee simple to a tract of land in Quemahoning and Stony creek townships, containing eighty-seven and three-quarters acres, being the same tract. conveyed to petitioner by Valentine Hay and wife by deed dated February 20, 1894. That she resides upon and has…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The Act of June 10, 1893, P. L. 415, was intended to settle title to land as well as possession, and the requirement of sec. 2 as to the petitioner is that he shall be in possession of the land “ claiming to hold or own possession of the same by any right or title whatsoever, which right or title or right of possession shall be disputed,” etc. It is not merely the petitioner’s possession which must be disputed and which he may defend under the act, but the title by which his possession is held. The argument of appellant is that the plaintiff’s present…
2Cases cited4 opinions
- Sutch's EstateSupreme Court of Pennsylvania · 1902
- Stamey v. BarkleySupreme Court of Pennsylvania · 1905
- Delaware & Hudson Canal Co. v. GenetSupreme Court of Pennsylvania · 1895
- Smith v. HibbsSupreme Court of Pennsylvania · 1906
3Cited by5 opinions
- Mildren v. NyeSupreme Court of Pennsylvania · 1913
- Clark v. ClarkSupreme Court of Pennsylvania · 1917
- Mildren v. NyeSuperior Court of Pennsylvania · 1912
- Swentzel v. Kline, Pennsylvania Court of Common Pleas, Columbia County1926
- Weidner v. LeTort Regional Authority, Pennsylvania Court of Common Pleas, Cumberland County1983