Legal Opinion

Craig v. Craig

Supreme Court of Pennsylvania

Decided October 31, 1887No. 55, W. DPublishedCited by 1 opinion

Error to Common Pleas of Armstrong County to review a judgment for defendants in ejectment. This was an action of ejectment brought by James E. Craig et al., minor children of Sarah Craig, deceased, a daughter of Samuel Craig, by their guardian Hamilton Fleming, against John C. Craig el al., the minor children and widow of John B. Craig? deceased, who was a son of the said Samuel Craig, by their guardian, William Hodge, for 150 acres of ground; but the case was tried as if…

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Error to Common Pleas of Armstrong County to review a judgment for defendants in ejectment. This was an action of ejectment brought by James E. Craig et al., minor children of Sarah Craig, deceased, a daughter of Samuel Craig, by their guardian Hamilton Fleming, against John C. Craig el al., the minor children and widow of John B. Craig? deceased, who was a son of the said Samuel Craig, by their guardian, William Hodge, for 150 acres of ground; but the case was tried as if involving 50 acres of ground, part of the 150 acres, in the possession of defendants. It appeared that in 1851 Samuel…

1Per curiam

John B. Craig certainly occupied the land in dispute long ■enough to perfect his title by the statute of limitations, and though the parol gift from his father may not have been good itself, yet it was evidence to sIioav how he entered, not as a tenant at will, but under claim of right and adverse to all others. So, the boundaries, though not distinctly marked on the ground, Avere nevertheless so designated that they could be readily ascertained; hence, the maxim properly applies that that is to be treated as certain which can be rendered certain.

The judgment is affirmed.

2Cited by1 opinion

  1. O'Boyle v. KellySupreme Court of Pennsylvania · 1915

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