Monroe Water Supply Co. v. Starner
Supreme Court of Pennsylvania
Appeal, No. 102, Jan. T., 1911, by plaintiff, from judgment of C. P. Monroe Co., Dec. ,T., 1909, No. 8, on verdict for defendant in case of The Monroe Water Supply Company, a corporation, v. Joseph L. Starner. Ejectment to recover lands in Coolbaugh Township.
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Appeal, No. 102, Jan. T., 1911, by plaintiff, from judgment of C. P. Monroe Co., Dec. ,T., 1909, No. 8, on verdict for defendant in case of The Monroe Water Supply Company, a corporation, v. Joseph L. Starner. Ejectment to recover lands in Coolbaugh Township. Before Staples, P. J. It appeared by the evidence that in 1862 Joseph Starner, Sr., and his wife, Polly, had taken up their quarters in a house upon the land in question, part of a larger tract belonging to William E. Dodge; that Polly Starner continued to live on the land until her death; and that shortly before her demise she had…
1Opinion of the Court
Opinion by
Me. Justice Stewart,
Admittedly the defendant and those under whom he claimed had been in undisturbed occupancy of at least a portion of the land in dispute, for a period of fifty years before the bringing of this ejectment. An important question in the case was, under what claim did the first of these occupants enter? Was it under a claim of ownership, or a claim of permission from the actual owners? If the former, it was the beginning of an adverse possession which if continued uninterruptedly for the statutory period would ripen into a good title; if the latter, the statute of…
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