Jones v. Hughes
Supreme Court of Pennsylvania
Error, No. 220, Jan. T., 1889, to C. P. Montgomery Co., to review a judgment on a verdict for plaintiff in an action of trespass by Benjamin B. Hughes against Chalkley Jones, at March T., 1887, No. 13. Williams and McCollum, JJ., absent. This action was brought Dec. 20, 1886, under the Act of 1842, to recover treble damages for cutting certain timber trees on land claimed by plaintiff. Plea, not guilty.
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Error, No. 220, Jan. T., 1889, to C. P. Montgomery Co., to review a judgment on a verdict for plaintiff in an action of trespass by Benjamin B. Hughes against Chalkley Jones, at March T., 1887, No. 13. Williams and McCollum, JJ., absent. This action was brought Dec. 20, 1886, under the Act of 1842, to recover treble damages for cutting certain timber trees on land claimed by plaintiff. Plea, not guilty. On the trial, before Weand, J., it appeared that a public road separated the enclosed portions of plaintiff’s and defendant’s properties. Plaintiff produced a deed reciting the middle of the…
1Opinion of the Court
Per Curiam,
When a man has maintained adverse and hostile possession to land for twenty-one years, he acquires an indefeasible title, as good as any known to the law, though not perhaps as satisfactory or convenient. He need no longer “ keep his flag flying.” It has done its work, and he may haul it down. It was not error, therefore, to decline the defendant’s third point, and to instruct the jury that “ if Mr. Hughes has acquired title by twenty-one years’ adverse possession, the mere fact that he had set back his fence would not of itself vest a title against him in Mr. Jones.” It requires…
2Cited by2 opinions
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