Trout v. Oswald

Lehman, P. J. (Fifty-eighth Judicial District, Specially Presiding),

Plaintiffs sued in trespass to recover damages for breaking and entering a close 26 acres and 77 perches in Cass Township, Huntingdon County. The action was founded upon possession and not title to real estate. Plaintiffs were not bound to prove title to the real estate in dispute, unless defendants destroyed the presumption arising from plaintiffs’ alleged possession by showing a title prima facie good in themselves: Roncace v. Welsh, 141 Pa. Superior Ct. 170, 172, 14 A. 2d 616.

Plaintiffs claimed a superior title based upon…