Cunningham v. Patton
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. Sept. 7. This was an ejectment for land, to which the plaintiff showed title by patent to his ancestor in 1785. The ’defendant rested on the statute of limitations; and the question was whether there had been continuity of adverse possession. The ■ action was brought in 1843. The defendant showed that he alone, or Duval with him, entered in 1819, and put up a house and made some improvements.
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In error from the District Court of Allegheny. Sept. 7. This was an ejectment for land, to which the plaintiff showed title by patent to his ancestor in 1785. The ’defendant rested on the statute of limitations; and the question was whether there had been continuity of adverse possession. The ■ action was brought in 1843. The defendant showed that he alone, or Duval with him, entered in 1819, and put up a house and made some improvements. Defendant having moved away, Duval stayed there some time, and in December, 1821, left the place- with his family to work in a factory until they earned…
1Opinion of the CourtCoulter, J.
Patton, the defendant, claims to hold the land under the statute of limitations and possession for twenty-one years. The court below charged the jury affirmatively on all the points submitted by the plaintiff’s counsel, in relation to the statute, and seem to have stated the principles of-law accurately. But, in their instructions to the jury, in relation to the application of these principles to the facts developed by the evidence, the counsel for the plaintiff alleges that the court .erred, and assigns several errors — the first three of which resolve themselves into two postulata, the…
2Cases cited1 opinion
- Harbeson v. JackSupreme Court of Pennsylvania · 1833
3Cited by13 opinions
- Commonwealth v. PetermanSupreme Court of Pennsylvania · 1968
- Allegro v. Rural Valley Mut. Fire Ins.Supreme Court of Pennsylvania · 1920
- Sebastianelli v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1940
- Commonwealth v. FontaineSuperior Court of Pennsylvania · 1956
- Altsman v. KellySupreme Court of Pennsylvania · 1939
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