Royer v. Ephrata Borough
Supreme Court of Pennsylvania
Appeal, No. 489, Jan. T., 1895, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1893, No. 149, on verdict for plaintiff. Appeal from award of viewers.
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Appeal, No. 489, Jan. T., 1895, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1893, No. 149, on verdict for plaintiff. Appeal from award of viewers. Béfore Brubaker, J. At the trial plaintiff testified without contradiction that he had received the land as a parol gift from his father, had taken and retained possession of it for fifteen years, had erected a house and made other improvements thereon, and that the other heirs of his father had executed a quitclaim deed of the property to him after these proceedings had commenced. The court under objection and exception admitted…
1Opinion of the Court
Opinion bv
Mr. Justice Mitchell,
The statement declares that the plaintiff is the owner of the land in fee, and in possession, but we are not furnished with a copy of the plea, so that there is nothing before us to indicate that plaintiff’s title was in contest further than as it was a part of his case to be proved to enable him to recover. For this purpose all he was required to do was to show a prima facie title, and this he did by showing a parol gift from his father, possession taken and maintained for fifteen years, the house erected and improvements made, .death of the father, and a…
2Cases cited1 opinion
- Erie & W. V. R. Co. v. KnowlesSupreme Court of Pennsylvania · 1887
3Cited by9 opinions
- Hendrickson EstateSupreme Court of Pennsylvania · 1957
- Kansas Natural Gas Co. v. HaskellU.S. Circuit Court for the District of Eastern Oklahoma · 1909
- Broadrick v. BroadrickSuperior Court of Pennsylvania · 1904
- Wolfe v. ScottSupreme Court of Pennsylvania · 1923
- Waugaman v. HenrySuperior Court of Pennsylvania · 1920
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