Legal Opinion

Babcock v. Wilderness Club

Pennsylvania Court of Common Pleas, Somerset County

Decided November 13, 1979No. 327 Civil of 1979Published

1Opinion of the Court

COFFROTH, P.J.,

This case is here on defendants’ preliminary objections to plaintiff’s complaint in this action to quiet title. The objections raise three questions which were argued:(1) Where plaintiff claims a prescriptive right-of-way, must he allege the years during which the prescriptive use occurred?(2) In such case, must plaintiff allege the location of the right-of-way on the ground, and particularly whether it runs through or on unenclosed woodland?(3) Must plaintiff allege recording of his pre*116scriptive claim in compliance with the Act of May 31, 1901, P.L. 352, 68 P.S. §81 et seq.?

PER…

2Cases cited9 opinions

  1. McKelvey v. United StatesSupreme Court of the United States · 1922
  2. Commonwealth v. BigelowSupreme Court of Pennsylvania · 1979
  3. O'Neill v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1942
  4. Zenner v. Goetz (Travelers Ind. Co.)Supreme Court of Pennsylvania · 1936
  5. Borough v. KennedySupreme Court of Pennsylvania · 1910

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