Okeson v. Patterson
Supreme Court of Pennsylvania
Error to the Common Pleas of Juniata county. This was an action on the case brought by Alexander Patterson against William Okeson, for obstructing an alleged right of way. The plaintiff and defendant respectively owned tracts of land adjoining each other. The plaintiff purchased the land owned by him from the heirs of Andrew Morrow in 1828, and went into possession at that time by his tenant.
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Error to the Common Pleas of Juniata county. This was an action on the case brought by Alexander Patterson against William Okeson, for obstructing an alleged right of way. The plaintiff and defendant respectively owned tracts of land adjoining each other. The plaintiff purchased the land owned by him from the heirs of Andrew Morrow in 1828, and went into possession at that time by his tenant. The conveyance to him was not made until in 1830. The defendant became owner of the land held by him, in 1848. The plaintiff proved that he and those under whom he claims, owners and occupiers of the…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The road in controversy was claimed as an easement attached to a tract of land owned by the plaintiff below. In establishing his right to the road, he relied upon an uninterrupted use and enjoyment of it for the period of twenty-one years. If he satisfied the jury of such adverse enjoyment, his right was complete, according to the principle which has been adopted as analogous to the statute of limitations, applicable to adverse possession of land. Resting, as the principle really does, upon the statute of limitations, it ought to be carried…
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