Akin v. Byrd

Citations

• 153 Pa. 23
• 25 A. 866
• 1893 Pa. LEXIS 1041

Syllabus

<p>Ejectment — Possession—Evidence.</p> <p>Where ejectment is sought to be maintained against an intruder, and the plaintiff relies upon possession alone, he must show an actual possession, evidenced by acts indicating permanency of occupation.</p> <p>In an action of ejectment it appeared that neither plaintiff nor defendant had title to the land in dispute, which was a narrow strip lying between their respective properties. Plaintiff used the land during eight years for storing building materials in his business as a builder. At the expiration of that time he sold his land not including in the description in the deed the land in controversy nor reserving access to it. Plaintiff then moved from the neighborhood, leaving, however, on the disputed lot two or three spout stones and half a dozen pieces of terra-cotta pipe. Defendant then began to use the lot for storage purposes, and inclosed it with a fence. Plaintiff tore down the fence, and put up one of his own. Defendant tore this down, and resumed possession. Held, that plaintiff was not entitled to recover.</p>