Burke v. Hammond
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county: No. 28, to May Term 1874. This was an action of ejectment, brought October 20th 1869, by Essington Hammond against Josiak 0. Burke, for a tract of 160 acres of land in Union township. The defendant took defence for 145 acres and 10 perches of the tract claimed.
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Error to the Court of Common Pleas of Bedford county: No. 28, to May Term 1874. This was an action of ejectment, brought October 20th 1869, by Essington Hammond against Josiak 0. Burke, for a tract of 160 acres of land in Union township. The defendant took defence for 145 acres and 10 perches of the tract claimed. The case was tried December 13th 1872, before Rowe, J. The plaintiff gave in evidence, warrant dated June 1st 1763, to James Johnston, for 300 acres, called the Two Runs or Five Springs; survey September 8th 1797for 749|-acres. This survey covers the land in dispute. After evidence…
1Opinion of the CourtJustice Gordon
The testimony in this case does not raise the question of title under the Statute of Limitations. The evidence does not show that either of the parties maintained such an actual and continuous possession of the land in dispute as would bar the right of the warrantee. The case therefore turns upon two distinct propositions : First, wererbhe plaintiff’s vendors in the actual possession of *179the land in controversy, either by themselves or their tenants, when the defendant settled upon it ? In determining this question the occupation of the land by John Croyle, from 1819 to 1829, is not to be…
2Cited by3 opinions
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Henry v. HuffSupreme Court of Pennsylvania · 1891
- Blair v. Pennsylvania Turnpike CommissionSuperior Court of Pennsylvania · 1943