Legal Opinion

Patten v. Scott

Supreme Court of Pennsylvania

Decided January 3, 1888No. 81PublishedCited by 5 opinions

ERROR TO THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 81 October Term Í887, Sup. Ct.; court below, No. 81 November Term 1884, C. P. Moses Scott was the plaintiff below in an action of ejectment against William Patten, to recover a tract of land in Carroll township, containing about one acre, the summons being issued on September 11, and served on September 17, 1884. Plea, not guilty.

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ERROR TO THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 81 October Term Í887, Sup. Ct.; court below, No. 81 November Term 1884, C. P. Moses Scott was the plaintiff below in an action of ejectment against William Patten, to recover a tract of land in Carroll township, containing about one acre, the summons being issued on September 11, and served on September 17, 1884. Plea, not guilty. On December 24, 1886, the death of the defendant was suggested and Isabella Patten et alii, his widow and heirs, were substituted. At the trial on March 3, 1887, before Stowe, P. J„ 5th district, holding…

1Opinion of the Court

Opinion,

Me. Justice Geeen:

It was fully conceded on the trial that the defendants’ testimony must have shown an adverse possession of the premises in dispute sufficient to confer title under the statute of limitations, if the patent from the commonwealth had not been obtained by the plaintiff. As the patent was not issued until June, 1884, and the adverse possession was conceded, as to the whole of the premises, back to May, 1863, and as 'to a considerable part thereof, for many years prior to that time, it is apparent that the title by adverse possession had closed before the grant of the…

2Cases cited4 opinions

  1. Ormsby v. IhmsenSupreme Court of Pennsylvania · 1859
  2. Urket v. CoryellSupreme Court of Pennsylvania · 1842
  3. Morris v. ThomasSupreme Court of Pennsylvania · 1812
  4. Gingrich v. FoltzSupreme Court of Pennsylvania · 1852

3Cited by5 opinions

  1. Richardson Associates v. Lincoln-Devore, Inc.Wyoming Supreme Court · 1991
  2. Bachop v. Critchlow, Pennsylvania Court of Common Pleas, Warren County1891
  3. Thomas v. YoungSupreme Court of Virginia · 1955
  4. Commonwealth v. Philadelphia & Reading Coal & Iron Co., Pennsylvania Court of Common Pleas, Philadelphia County1944
  5. Bell v. Forred, Pennsylvania Court of Common Pleas, Berks County1943

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