Grant v. Allison
Supreme Court of Pennsylvania
Error to the Common Pleas of Clarion county. This was an action of ejectment by Edward J.. Grant against Robert Allison, for three hundred acres of land in Limestone township. The material facts of the case were these: — In 1848 Daniel Smith entered and commenced an improvement upon the land in controversy. The improvements made by some prior occupant had disappeared, and the ground on which they had been made had returned to a state of nature.
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Error to the Common Pleas of Clarion county. This was an action of ejectment by Edward J.. Grant against Robert Allison, for three hundred acres of land in Limestone township. The material facts of the case were these: — In 1848 Daniel Smith entered and commenced an improvement upon the land in controversy. The improvements made by some prior occupant had disappeared, and the ground on which they had been made had returned to a state of nature. He put up a cabin and cleared about three acres, which he occupied and cultivated till in 1847, when he leased the whole to one Eiscus, who held…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Whether the rule as to the time after which courts will presume abandonment of a settlement upon vacant land be taken from Brentlinger v. Huchinson, 1 Watts 46, or from any of the other cases cited and commented on by Mr. Justice Thompson in Whitcomb v. Hoyt, 6 Casey 409, it is past all doubt that time enough had elapsed in this case to raise the legal presumption. Smith the settler went out of possession in October 1850, and no effort was made to regain it till his alienee, Grant, instituted this ejectment on the 21st January 1861. Here…
2Cases cited1 opinion
- Brentlinger v. HutchinsonSupreme Court of Pennsylvania · 1832