Farmers & Mechanics' Bank v. Wilson
Supreme Court of Pennsylvania
ERROR to the common pleas of Beaver county. The Farmers and Mechanics’ Bank against George Wilson. This was an action of ejectment for 241 acres of land, in which the only question which arose in this court, was as to the effect of certain declarations of the defendant in avoiding the operation of the act of limitations upon which his defence rested. The defendant had been in the adverse possession of the land for twenty-one years and upwards.
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ERROR to the common pleas of Beaver county. The Farmers and Mechanics’ Bank against George Wilson. This was an action of ejectment for 241 acres of land, in which the only question which arose in this court, was as to the effect of certain declarations of the defendant in avoiding the operation of the act of limitations upon which his defence rested. The defendant had been in the adverse possession of the land for twenty-one years and upwards. The plaintiff called Enoch Marvin as witness, who said: “ That he went to the land in dispute in 1817, to serve a writ of ejectment on the defendant,…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
For a series of years this court has been engaged in reviewing the decisions on the act of limitations, of actions on simple contract debts, &c., and have nearly attained to a construction accordant with the letter and spirit of the act. But there has been danger, lest while we were returning to a correct application of one act, we were introducing a loose and unsafe construction of *262another and more important act, viz: the one limiting the time of bringing actions for the recovery of possession of lands.
If the owner is about to commence an…
2Cases cited1 opinion
- Sailor v. HertzogSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Bruch v. Benedict Barnes Bros.Wyoming Supreme Court · 1946
- Sailor v. HertzoggSupreme Court of Pennsylvania · 1845
- Sibert v. WilderSupreme Court of Kansas · 1876
- McKinney v. SnyderSupreme Court of Pennsylvania · 1875
- Bell v. HartleySupreme Court of Pennsylvania · 1842
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