Salter v. Bird
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county: Of July Term 1882, No. 46. E jectment, for three lots of ground in the borough ofShamokin, by Michael Salter and others, children of William Salter, deceased, against William Owen. The latter died before trial, and Samuel Owen- and others, his children and heirs at law were substituted as defendants. Plea, not guilty.
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Error to the Court of Common Pleas of Northumberland county: Of July Term 1882, No. 46. E jectment, for three lots of ground in the borough ofShamokin, by Michael Salter and others, children of William Salter, deceased, against William Owen. The latter died before trial, and Samuel Owen- and others, his children and heirs at law were substituted as defendants. Plea, not guilty. On the trial, before Rockefeller, P. J., the court ruled out all the plaintiffs’ offers of parol evidence, and directed a verdict for defendants. The plaintiff put in evidence the following deeds, all for the premises…
1Opinion of the CourtJustice Gokdoxt
When an action of ejectment is brought, two things áre necessarily presupposed ; one is that the plaintiff is not in the possession of the land described in the writ, and the other is, that the defendant is in the possession of the land so described. The action is, in its character, possessory; it cannot be maintained by one having the possession of the property, neither can it be maintained against one who has not possession. Moreover, the cardinal principle governing actions of this kind is, that the plaintiff must recover, if at all, on the strength of his own title and not upon the…
2Cited by9 opinions
- McCloskey v. McCloskeySupreme Court of Pennsylvania · 1903
- Jourdan v. AndrewsSupreme Court of Pennsylvania · 1917
- Watkins and Miller v. WatkinsSuperior Court of Pennsylvania · 1931
- Braden v. WorkmanSupreme Court of Pennsylvania · 1885
- Irwin Savings & Trust Co. v. SannerSuperior Court of Pennsylvania · 1936
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