Bolton v. Hamilton
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Washington county. This was an action of ejectment brought in the Common Pleas of Washington county to August Term 1840, to recover 100 acres of land, situate in Carroll township, Washington county. The land had been originally entered in the name of William Hamilton, the father of the plaintiffs.
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ERROR to the Common Pleas of Washington county. This was an action of ejectment brought in the Common Pleas of Washington county to August Term 1840, to recover 100 acres of land, situate in Carroll township, Washington county. The land had been originally entered in the name of William Hamilton, the father of the plaintiffs. Daniel Hamilton, the elder son, who acted as the agent of the father, took possession, and retained the legal estate in himself until after the death of his father, William Hamilton, who died intestate. David Hamilton, the second son, administered. Daniel Hamilton,…
1Opinion of the Court
*299The opinion of the Court was delivered by
Gibson, C. J.
It is, perhaps, not to be maintained that a jury is bound to raise a legal presumption of ouster from an exclusive actual possession by a tenant in common for twenty-one years, though it is indicated as the opinion of the court in Mehaffy v. Dobbs, (9 Watts 363). The matter was perhaps not very clearly stated by the judge in that case; but the design was, to put the decision of the point on the basis of Frederick v. Gray, (10 Serg. & Rawle 182), in which it was held that the possession of a tenant in common is to be deemed adverse from the…
2Cases cited5 opinions
- Law v. PattersonSupreme Court of Pennsylvania · 1841
- Phillips v. GreggSupreme Court of Pennsylvania · 1840
- Hart v. GreggSupreme Court of Pennsylvania · 1840
- Mehaffy v. DobbsSupreme Court of Pennsylvania · 1840
- Frederick v. GraySupreme Court of Pennsylvania · 1823
3Cited by13 opinions
- Warfield v. LindellSupreme Court of Missouri · 1860
- Johnson v. ToulminSupreme Court of Alabama · 1850
- Dubois v. CampauMichigan Supreme Court · 1873
- Warfield v. LindellSupreme Court of Missouri · 1866
- Cummings v. WymanMassachusetts Supreme Judicial Court · 1813
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