Alternas v. Campbell
Supreme Court of Pennsylvania
ERROR to a special court of Indiana comity. Nicholas Alternas against Andrew Campbell and William Gamble. Ejectment for a tract of land, containing three hundred and twenty acres:—for which the plaintiff gave in evidence a regular chain of title from the commonwealth down to himself. The defendants relied upon the statute of limitation and gave proof, that they, and those under whom they claim, had been in possession of the land, for more than thirty years.
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ERROR to a special court of Indiana comity. Nicholas Alternas against Andrew Campbell and William Gamble. Ejectment for a tract of land, containing three hundred and twenty acres:—for which the plaintiff gave in evidence a regular chain of title from the commonwealth down to himself. The defendants relied upon the statute of limitation and gave proof, that they, and those under whom they claim, had been in possession of the land, for more than thirty years. To avoid the effect of this defence the plaintiff, having previously shown that in 1818 Mary Gilpin, Joseph Gilpin and others were the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
If the judge intended to charge, as he probably did, that entry without action does not avoid the statute of limitations, he fell into an inaccuracy. In our act of 1785, is comprised the substance of the 21 Jac. 1, c. 16, under which an entry has always had its common law properties; and these have been attributed to it, under our own statute, by the ablest men in the profession. In 1803, when the statute was about -to close its bar on rights of entry in existence at its enactment, the agent of the Penn family, under the direction of the…
2Cases cited1 opinion
- Carothers v. Lessee of DunningSupreme Court of Pennsylvania · 1817
3Cited by16 opinions
- City of Pella v. ScholteSupreme Court of Iowa · 1868
- Bradley v. WestSupreme Court of Missouri · 1875
- Hightower v. PendergrassTennessee Supreme Court · 1983
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1905
- Byers v. DanleySupreme Court of Arkansas · 1871
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