Porter v. M'Ginnis
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Clarion county. This was an action of trespass quare clausum, fregit by James J. M’Ginnis against Alexander S. Porter, in which the defendant pleaded not guilty and liberum tenementum. The cause was so imperfectly brought up as to render any other statement of it than that contained in the opinion of the court impracticable.
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The facts of the case are so imperfectly stated, that the application of that part of the charge which relates to the first error assigned is not very obvious. The plaintiff’s title, as we understand it, depends upon the Act of Limitations, and on that point the court in substance instruct the jury that residence is not necessary to make an adverse possession; that where land is enclosed and cultivated, it may be adverse so as to give an indefeasible title to the occupant. And in this position the court is sustained by Johnston v. Irwin (3…
2Cases cited6 opinions
- Gilbert v. HoffmanSupreme Court of Pennsylvania · 1833
- Criswell v. AltemusSupreme Court of Pennsylvania · 1838
- Johnston v. IrwinSupreme Court of Pennsylvania · 1817
- Bell v. HartleySupreme Court of Pennsylvania · 1842
- Foulk v. M'FarlaneSupreme Court of Pennsylvania · 1841
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