Fearl v. Johnstown
Supreme Court of Pennsylvania
Appeal, No. 162, Oct. T., 1906, by-defendant, from order of C. P. Cambria Co., March T-, 1906, No; 355, making absolute rule to bring ejectment in case of Thomas J. Fearl v. City of Johnstown. Rule to bring ejectment to determine title to a strip of land claimed by the city of Johnstown as a portion of a public street, and by the plaintiff as his own individual property. Before Holt, P. J., specially presiding.
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Appeal, No. 162, Oct. T., 1906, by-defendant, from order of C. P. Cambria Co., March T-, 1906, No; 355, making absolute rule to bring ejectment in case of Thomas J. Fearl v. City of Johnstown. Rule to bring ejectment to determine title to a strip of land claimed by the city of Johnstown as a portion of a public street, and by the plaintiff as his own individual property. Before Holt, P. J., specially presiding. The court, after describing the land and stating plaintiff’s claim of title, found the facts as follows : The petitioner, after obtaining the deed from Samuel L. (Jorgas, executor of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The single question now before us is whether the plaintiff’s remedy is under the Act of March 8,1889, P. L. 10, or the Act of June 10, 1893, P. L. 415. The purpose of both acts is the same but the methods of procedure are different. Neither act provides expressly for the settlement of the preliminary question of possession in fact, whereas in this case it is claimed by both parties. The language of the act of 1889 (as amended by the Act of April 16, 1903, P. L. 212) is • “ whenever any person not being in possession thereof shall claim or have an apparent…
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