Sharp v. Blankenship

McKinstry, J.:

Ejectment. The Court below charged the jury, that plaintiff could not have acquired any right by virtue of an adverse possession commencing in 1860 or 1861, and continuing up to 1877, unless plaintiff had paid all State, county, and municipal taxes assessed on the land in suit. This was error. Prior to the alleged ouster by defendant in 1877 (as evidence on the part of plaintiff tended to prove) plaintiff and his grantor had been for more than five years in the actual, continuous, and adverse possession of the demanded premises, claiming title thereto.

*289Prior to April 1st, 1878,…