Jenkins v. McMichael
Superior Court of Pennsylvania
Appeal, No. 100, April T., 1901, by defendant, from judgment of C. P. Washington Co., Nov. T., 1899, No. 108, on verdict for plaintiffs, in case of John Jenkins et ux. v. Josiah K. McMichael. Ejectment for an undivided one-half interest in land in the borough of West Washington.
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Appeal, No. 100, April T., 1901, by defendant, from judgment of C. P. Washington Co., Nov. T., 1899, No. 108, on verdict for plaintiffs, in case of John Jenkins et ux. v. Josiah K. McMichael. Ejectment for an undivided one-half interest in land in the borough of West Washington. Before Taylor, J. At the trial it appeared that in 1842, George W. Boyd sold the land in dispute to one Bowman for $600. Bowman paid on account $100, and went into possession of the property under the articles of agreement. Shortly thereafter he sold his interest in the lands to P. F. Marshman. Marshman went into…
1Opinion of the Court
Opinion by
Beaver, J.,
This was an ejectment. The premises in dispute were sold *479by Boyd to Bowman, under articles of agreement. Bowman sold to Marshman. The plaintiff claims the undivided half of the premises by deed from one of Marshman’s heirs. The defendant claims by deed from the heirs of Boyd. Plaintiff’s claim is based upon the adverse possession of Marshman under which, it is alleged, he acquired a complete title in his lifetime. The fundamental error which runs through the entire case from its inception to its close is the assumption that Marshman’s possession was hostile to Boyd or…
2Cases cited4 opinions
- Cadwalader v. AppSupreme Court of Pennsylvania · 1876
- Hole v. RittenhouseSupreme Court of Pennsylvania · 1855
- Bannon v. BrandonSupreme Court of Pennsylvania · 1859
- De Haven v. LandellSupreme Court of Pennsylvania · 1858
3Cited by4 opinions
- Ontelaunee Orchards, Inc. v. RothermelSuperior Court of Pennsylvania · 1939
- Hershey Et Ux. v. PoorbaughSuperior Court of Pennsylvania · 1941
- Jenkins v. McMichaelSuperior Court of Pennsylvania · 1902
- Northwestern & Pacific Hypotheekbank v. HobsonIdaho Supreme Court · 1938