Cole v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 45, Jan. T., 1901, by-plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 511, on verdict for defendant in case of James Cole v. City of .Philadelphia. Appeal from award of jury of view. Before Brúg-y, J. At the trial plaintiff made various offers to prove that by means of the possession of Thomas Robertson, his predecessors in title and his own possession, he had title by adverse possession to the bed of Fifty-fifth street.
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Appeal, No. 45, Jan. T., 1901, by-plaintiff, from judgment of C. P. No. 1, Phila. Co., June T., 1899, No. 511, on verdict for defendant in case of James Cole v. City of .Philadelphia. Appeal from award of jury of view. Before Brúg-y, J. At the trial plaintiff made various offers to prove that by means of the possession of Thomas Robertson, his predecessors in title and his own possession, he had title by adverse possession to the bed of Fifty-fifth street. There was evidence that Robertson and Cole had maintained a fence along the middle line of the street from 1874 to 1898. It appeared,…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
The appellant in this case derived title by deed from Robertson in 1880. The property in question was described as bounded by the line of Fifty-fifth street, which at that time was plotted, but unopened. Under the rule of law settled in Gamble v. Phila., 162 Pa. 413, and Whitaker v. Phoenixville, 141 Pa. 327, the appellant took title in fee to the land, as bounded by the street, and an easement only, over the bed of the unopened street. This was all the title which Robertson possessed, and he could convey nothing more to appellant. The title to the bed of the…
2Cases cited3 opinions
- Whitaker v. Phœnixville Bor.Supreme Court of Pennsylvania · 1891
- Gamble v. PhiladelphiaSupreme Court of Pennsylvania · 1894
- Cadwalader v. AppSupreme Court of Pennsylvania · 1876
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- Pistner Bros., Inc. v. AgheliSupreme Court of Pennsylvania · 1986
- Clymer v. RobertsSupreme Court of Pennsylvania · 1908
- Scholl v. EmerichSuperior Court of Pennsylvania · 1908
- Rialto Building & Loan Ass'n v. Commonwealth Title Co.Supreme Court of Pennsylvania · 1937
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