Altemus v. Trimble
Supreme Court of Pennsylvania
In error from the Common Pleas of Indiana. The plaintiff in this ejectment had the legal title to the land in dispute, under a warrant and subsequent patent. The defendant was a settler on adjoining land in 1819, when he marked the lines of his claim and had it surveyed. In 1820, he cleared over the lines of plaintiff’s tract, and occupied the whole until 1840, when the plaintiff’s tenant entered and occupied the whole of his tract.
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In error from the Common Pleas of Indiana. The plaintiff in this ejectment had the legal title to the land in dispute, under a warrant and subsequent patent. The defendant was a settler on adjoining land in 1819, when he marked the lines of his claim and had it surveyed. In 1820, he cleared over the lines of plaintiff’s tract, and occupied the whole until 1840, when the plaintiff’s tenant entered and occupied the whole of his tract. Burrell, P. J., instructed the jury, if Trimble, an actual settler upon adjoining lands, by unofficial survey had his boundaries designated by marks upon the…
1Opinion of the CourtCoulter, J.
(after stating the evidence and charge.)— The learned court thus throws back the adverse possession of the defendant and the operation of the. statute to the time of marking a few trees, without authority of law, within the plaintiff’s lines. Thus, before a stone is rolled from its bed, or bush grubbed from its place, or a tree felled to the earth by the defendant on the plaintiff’s land, so as to give him any notice, the statute is made to run against him. The plaintiff, if he traversed his land occasionally, and perceived these marks, whether they were two or a dozen, may have supposed that…
2Cited by1 opinion
- Knauer v. McKoonSuperior Court of Pennsylvania · 1902