Armstrong County v. McElheny

Citations

• 273 Pa. 208
• 116 A. 812
• 1922 Pa. LEXIS 549

Syllabus

<p>Land law — Dedication to public use — Evidence—Deed—County —Bight to convey land — Legislative authority.</p> <p>1. Either the Commonwealth, where it owns, or individuals having title, may dedicate land for the use of the public, but such purpose must legally appear.</p> <p>2. A deed conveying a fee will pass a legal estate, notwithstanding an expression of the purpose for which the grant is made; but the rule will not be applied where the estate is conveyed for a specific purpose, “and no other.”</p> <p>3. Where a county owns land in fee, a legislative authorization to the county to sell it, is permissible.</p> <p>Deed — Loss of deed — Presumption of grant — Time—Possession —Quieting title.</p> <p>4. After a lapse of sixty-nine yeaTS, and a series of circumstances disclosing the enjoyment of an unchallenged title during such time, the courts will presume whatever grant is necessary to quiet the title.</p> <p>Ejectment — Strength of plaintiff's title.</p> <p>5. In an action of ejectment, plaintiff is bound to recover on the strength of his own title, and cannot rely on the weakness of that of his adversary.</p>