Vanderslice v. Donner
Superior Court of Pennsylvania
Appeal, No. 67, April T., 1904, by defendants, from judgment of C. P. Washington Co., Feb. T., 1902, No. 73, on verdict for plaintiff in case of George Vanderslice v. Frank Dormer et al. Trespass for forceable entry and the removing of a building. Before Taylor, J. At the trial it appeared that plaintiff claimed title to a lot, No. 143, in block No. 37, in the DeHass plan of lots in West Columbia.
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Appeal, No. 67, April T., 1904, by defendants, from judgment of C. P. Washington Co., Feb. T., 1902, No. 73, on verdict for plaintiff in case of George Vanderslice v. Frank Dormer et al. Trespass for forceable entry and the removing of a building. Before Taylor, J. At the trial it appeared that plaintiff claimed title to a lot, No. 143, in block No. 37, in the DeHass plan of lots in West Columbia. Plaintiff claimed title to a portion of the property in dispute by a deed and to the remainder by adverse possession. The defendants claimed title by adverse possession. Plaintiff offered in…
1Opinion of the Court
Opinion by
Smith, J.,
As to the land here in controversy, while the contentions of *323the parties relate to both possession and title, the verdict is conclusive only of the plaintiff’s possession when the trespass was committed. Such possession was indispensable to sustain the action, and this was all that was necessary. As against one in actual possession, the right of a claimant of title, out of possession, must be asserted by an action of ejectment. The possession set up, however, must be more than a mere intrusion on either the actual or the constructive possession of another. Here the…
2Cases cited2 opinions
- Collins v. HoustonSupreme Court of Pennsylvania · 1891
- Spotts v. SpottsSuperior Court of Pennsylvania · 1897
3Cited by9 opinions
- Standard Brewing Co. v. Knapp Co.Superior Court of Pennsylvania · 1922
- Humes v. KramerSupreme Court of Pennsylvania · 1926
- Griffin v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1917
- Bounomo v. United Distiller's Co.Superior Court of Pennsylvania · 1921
- Logan v. Pennsylvania Telephone Co.Superior Court of Pennsylvania · 1909
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