Harris v. Pittsburg & Lake Erie Railway Co.
Superior Court of Pennsylvania
Appeal, No. 94, April T., 1899, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1897, No. 390, on verdict for plaintiff. Opinion by Orlady, J. Ejectment.
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Appeal, No. 94, April T., 1899, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1897, No. 390, on verdict for plaintiff. Opinion by Orlady, J. Ejectment. Before McConnell, J. It appears from the record that plaintiff in this suit claimed title by adverse possession, and based it on the assertion that he bought $100 worth of land from Tom Reeves, in 1863; that he built a log cabin on the land and held it for twenty-five years, or until 1888, when, to use his own language, he “ moved out on account of the high water, and before I got back the railroad company took it.” Tbe court…
1Opinion of the Court
Opinion by
Orlady, J.,
In an action of ejectment the plaintiff recovered a verdict, with -six cents damages and costs, for land described in the writ as follows : “ A tract of land in Rostraver Township in the said county, containing two acres or thereabouts; bounded by lands of D. Castner, Miller & Reeves, and the Monongahela river,” and the principal error urged by the appellant is that “ the description of the property mentioned in the writ is too vague and indescriptive to admit of a recovery for the plaintiff.”
It was held in O’Keson v. Silverthorn, 7 W. & S. 246, that “ In ejectment the…
2Cases cited11 opinions
- Hagey v. DetweilerSupreme Court of Pennsylvania · 1860
- Smith v. BrotherlineSupreme Court of Pennsylvania · 1870
- Emig v. DiehlSupreme Court of Pennsylvania · 1873
- Carroll v. MinerSuperior Court of Pennsylvania · 1896
- Clement & Masser v. Youngman & WalterSupreme Court of Pennsylvania · 1862
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- Skillman v. MagillSuperior Court of Pennsylvania · 1929
- Seaman v. WaltemireSuperior Court of Pennsylvania · 1922
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