M'Coy v. Trustees of Dickenson College
Supreme Court of Pennsylvania
jN jrRR0R. ERROR to the Court of Common Pleas of Northum• berland county. , The trustees of Dickenson College who were plaintiffs below, made title under an application in the name of Thomas ^°gersi entered the 3d April, 17'69, on which a survey was made the 9th July, 1772, and returned the 23d August, 1772. Thomas Rogers, conveyed to John Musser, who conveyed to Samuel Miles, who conveyed to the plaintiffs.
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jN jrRR0R. ERROR to the Court of Common Pleas of Northum• berland county. , The trustees of Dickenson College who were plaintiffs below, made title under an application in the name of Thomas ^°gersi entered the 3d April, 17'69, on which a survey was made the 9th July, 1772, and returned the 23d August, 1772. Thomas Rogers, conveyed to John Musser, who conveyed to Samuel Miles, who conveyed to the plaintiffs. The defendant rested his defence on possession, which he endeavoured to protect under the statute of limitations. He gave evidence, that one Cornwell, and one William Clark, lived on the…
1Opinion of the Court
*256The opinion of the Court was delivered by
Tilghman C. J.
At the time when this deed was executed, the commissioners had no lawful common seal, and it ^as ^een several times decided, that such deeds are of no validity. It conveyed no title to James Willing, and there£ore woui(j have been no evidence of title. But it was offered for a different purpose. A man who stands on the act of limitations, must prove a possession-adverse to the plaintiff, for twenty-one years before the commencement of the action. But how is this to be done ? The bare possession, being in itself equivocal, recourse must be…
2Cited by3 opinions
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- Bleakney v. Farmers & Mechanics' BankSupreme Court of Pennsylvania · 1827
- Huston v. FosterSupreme Court of Pennsylvania · 1833