Bonaffon v. Peters

Citations

• 134 Pa. 180
• 19 A. 499
• 1890 Pa. LEXIS 684

Syllabus

<p>[To be reported.]</p> <p>1. As a recovery in ejectment must rest on the strength of the plaintiff’s title, if he has failed to show title out of the commonwealth, or that both parties claim under a common source of title, or that the defendant entered as the plaintiff’s tenant, or that the plaintiff or any of his ancestors or predecessors in the line of his paper title was ever seised or possessed of the land, the court should direct a verdict for the defendant.</p> <p>2. A deed from one who is not shown to have had either right, title, or interest in the land, or possession thereof, is not admissible in evidence to show title in the grantee, although it has been duly recorded in accordance with the act of May 28, 1715, 1 Sm. L. 95, by § 5 of which it is provided that deeds so recorded shall have the same effect for the giving of possession and seisin, etc., as deeds of feoffment with livery of seisin.</p>