County of Susquehanna v. Deans
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was an action of trespass quare clausum, fregit by the County of Susquehanna against James Deans and George Keeler, wherein the parties agreed upon the following case stated, to be considered as a special verdict:— On the 24th day of July 1812, Isaac Post was the owner in fee of the locus in quo, and on that day, by his deed, duly executed and acknowledged, and recorded in Deed Book No. 1, page 95 (which deed, a copy…
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Error to the Common Pleas of Susquehanna county. This was an action of trespass quare clausum, fregit by the County of Susquehanna against James Deans and George Keeler, wherein the parties agreed upon the following case stated, to be considered as a special verdict:— On the 24th day of July 1812, Isaac Post was the owner in fee of the locus in quo, and on that day, by his deed, duly executed and acknowledged, and recorded in Deed Book No. 1, page 95 (which deed, a copy being annexed, is made a part of this case), granted and conveyed unto Thomas Parke, Hosea Tiffany, and Asa Dimock, trustees…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
On no principle whatever can this judgment be sustained.
The deed of Isaac Post of 24th July 1812, vested the title of the locus in quo in the county. Possession of the ten-acre lot was taken under, and has been maintained in pursuance of the deed. The public buildings of the county, an academy, a church, and a *133public school-bouse have been erected thereon, and still stand there in accordance with the will of the donor.
Now what is to prevail against this clear legal title, and long-continued and notorious possession? The occasional…
2Cited by2 opinions
- Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
- Commonwealth v. Phila. R.Supreme Court of Pennsylvania · 1890