Graffius v. Tottenham
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Clinton county. Daniel Graffius and others against Leonard Tottenham and others. This was an action of ejectment for two tracts of land, in which the defendants took defence for 1 acre arid 150 perches on the bank of the Susquehanna. * The plaintiffs gave in evidence a perfect paper title to the land in dispute, and the defendants relied upon a title by the Statute of Limitations.
Read the full summary
ERROR to the Common Pleas of Clinton county. Daniel Graffius and others against Leonard Tottenham and others. This was an action of ejectment for two tracts of land, in which the defendants took defence for 1 acre arid 150 perches on the bank of the Susquehanna. * The plaintiffs gave in evidence a perfect paper title to the land in dispute, and the defendants relied upon a title by the Statute of Limitations. The opinion of the court below, which was the subject of the errors assigned, gives a statement of the case and points raised by the defence. Woodward; President.—The defendants allege…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Though there is no inherent privity between trespassers, it was held, in Overfield v. Christie, (7 Serg. & Rawle 177) that a tortious possession may, by our law, be transferred by deed or will so as to complete the bar of the Statute of Limitations, by the additional adverse possession of the transferree; and such possession is transmissible by descent, even according to the English law. Did James Huff then succeed, by his entry, to the whole of his father’s adverse possession, or only to an undivided share of it? He came in at the death…
2Cases cited9 opinions
- Meeker v. JohnsonWashington Supreme Court · 1891
- Overfield v. ChristieSupreme Court of Pennsylvania · 1821
- Pederick v. SearleSupreme Court of Pennsylvania · 1819
- Lessee of Cox v. GrantSupreme Court of Pennsylvania · 1792
- Carothers v. Lessee of DunningSupreme Court of Pennsylvania · 1817
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stevenson v. SilvermanSupreme Court of Pennsylvania · 1965
- Stark Et Ux. v. Lardin, Exr.Superior Court of Pennsylvania · 1938
- Gatling v. LaneNebraska Supreme Court · 1885
- Martin v. JacksonSupreme Court of Pennsylvania · 1856
- Schall v. Williams Valley RailroadSupreme Court of Pennsylvania · 1860
6 more not listed; retrieve them via the Exa API.