Legal Opinion

Barnhart v. Pettit

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 4 opinions

Error to the Common Pleas of Greene county. This was an action of ejectment to October Term, 1850, by Jesse Pettit against Thomas Barnhart for 400 acres of land in Richhill township, Greene county, adjoining lands of Andrew Stewart on the east, Wm. Laughridge on the north, &c. James Bryan and others in possession were added as defendants.

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Error to the Common Pleas of Greene county. This was an action of ejectment to October Term, 1850, by Jesse Pettit against Thomas Barnhart for 400 acres of land in Richhill township, Greene county, adjoining lands of Andrew Stewart on the east, Wm. Laughridge on the north, &c. James Bryan and others in possession were added as defendants. On part of the plaintiff was given in evidence a patent to Robert Morris, dated 30th July, 1790, for 400 acres of land called St. George, on warrant dated April 10, 1788, granted to Ashford and conveyed by Mm to Robert Morris, by deed of 3d August, 1789, and…

1Opinion of the Court

*139The opinion of the Oourt was delivered by

Lewis, J.

A defendant in ejectment claiming uncier the statute of limitations must show the boundaries of his possession as they existed and were claimed twenty-one years before the commencement of the suit; otherwise he will be confined to the land cultivated or enclosed for that period of time. If he entered under color of title, and claimed and used the land designated in his conveyance, this, if the land be described with reasonable certainty, will be sufficient. If he claimed ups to the line of the plaintiffs survey, used it as his own, exercising…

2Cited by4 opinions

  1. Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
  2. Lauer v. YetzerSuperior Court of Pennsylvania · 1897
  3. Corkery v. O'NeillSuperior Court of Pennsylvania · 1899
  4. Hastings v. ThompsonSuperior Court of Pennsylvania · 1911

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