Legal Opinion

Hole v. Rittenhouse

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 10 opinions

Error to tbe Common Pleas of Columbia county. This was an ejectment brought by James Rittenhouse and John Thompson against Barney Hole.

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Error to tbe Common Pleas of Columbia county. This was an ejectment brought by James Rittenhouse and John Thompson against Barney Hole. The plaintiffs claimed under two warrants dated 11th January, 1793, to Aaron Levy and Mary Weed, the surveys on which were made on the 2d August, 1793, and patented to Walter Stewart 24th March, 1794. The title became vested in Jesse Roberts, who, in 1818 or 1819, moved into a house which stood^n the division line between these two tracts, and continued to reside there until his death, in 1841. His wife and children remained there until the 25th April, 1850,…

1Opinion of the Court

The opinion of the Court was delivered by

Lewis, C. J. —

If any principle in the law of Pennsylvania can be regarded as settled by argument and authority, it is that which affirms that the legal title to uncultivated lands draws to it the possession, and that this possession is to be deemed actual for all purposes of remedy, until it is interrupted by an actual entry, and adverse possession taken by another: Miller v. Shaw, 7 Ser. & R. *493134; Barr v. Gratz, 4 Wheat. 213; Mather v. Trinity Church, 3 Ser. & R. 513. It was certainly at one time equally well settled that this legal possession by…

2Cases cited6 opinions

  1. Barr v. Gratz's HeirsSupreme Court of the United States · 1819
  2. Wright v. GuierSupreme Court of Pennsylvania · 1840
  3. Criswell v. AltemusSupreme Court of Pennsylvania · 1838
  4. Sorber v. WillingSupreme Court of Pennsylvania · 1840
  5. Naglee v. AlbrightSupreme Court of Pennsylvania · 1839

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Flannery v. StumpSuperior Court of Pennsylvania · 2001
  2. Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
  3. Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
  4. Hutchison v. Little Four Oil & Gas Co.Supreme Court of Pennsylvania · 1923
  5. Jenkins v. McMichaelSuperior Court of Pennsylvania · 1901

5 more not listed; retrieve them via the Exa API.

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