M'Caffrey v. Fisher
Supreme Court of Pennsylvania
ERROR to the Special Court of Indiana county. This was an action of ejectment for 300 acres of land by James C. Fisher against Barnabas M’Caffrey and Thomas M’Caffrey. The original title to the land was indisputably in the plaintiff, and the defendants claimed by virtue of the Act of Limitations.
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ERROR to the Special Court of Indiana county. This was an action of ejectment for 300 acres of land by James C. Fisher against Barnabas M’Caffrey and Thomas M’Caffrey. The original title to the land was indisputably in the plaintiff, and the defendants claimed by virtue of the Act of Limitations. Their entry was without colour of title; and Judge Grier instructed the jury, that the defendants’ right must be'limited to the land actually cleared twenty-one years before this suit was brought. Verdict and judgment for the plaintiff, except six acres.
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— The principles applicable to this case have been frequently adjudicated in this court, and are discussed at length *182m several of the cases reported. One who, without title, or colour of title, enters into unseated land which has been appropriated by warrant and survey to another, acquires a right under the Statute of Limitations, only to so much as he actually cultivates or encloses. Sweeney v. M’Culloch, (3 Watts 345); Miller v. Shaw, (7 Serg. & Rawle 129); Farley v. Lenox, (8 Serg. & Rawle 392); Royer v. Benlow, (10 Serg. & Rawle 303);…
2Cases cited7 opinions
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
- Criswell v. AltemusSupreme Court of Pennsylvania · 1838
- Royer v. BenlowSupreme Court of Pennsylvania · 1823
- Miller v. ShawSupreme Court of Pennsylvania · 1821
- Potts v. GilbertU.S. Circuit Court for the District of Pennsylvania · 1819
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3Cited by5 opinions
- Brennan v. Manchester Crossings, Inc.Superior Court of Pennsylvania · 1998
- Glenn v. ShueySuperior Court of Pennsylvania · 1991
- Arcadia Co., Inc. v. PelesSupreme Court of Pennsylvania · 1990
- Farmers' & Mechanics' Bank v. WoodsSupreme Court of Pennsylvania · 1849
- Sailor v. HertzoggSupreme Court of Pennsylvania · 1849