Cambria Iron Co. v. Leidy

Citations

• 226 Pa. 122
• 75 A. 186
• 1910 Pa. LEXIS 725

Syllabus

<p>Ejectment — Buie to bring ejectment — Dispute as to title of land — Option — Exercise of option — Notice in writing — Abandonment.</p> <p>1. A person in possession of land and claiming title thereto has the right under the Acts of May 25, 1893, P. L. 131, and April 16, 1903, P. L. 212, to rule another person out of possession, but with an apparent interest in the land, to bring an action of ejectment to determine title. When a petition for such a rule is presented the court should not of its own motion award an issue under the Act of June 10, 1893, P. L. 415, but if such an issue is awarded, and neither party makes any objection, the appellate court will not reverse a judgment on a verdict rendered at the trial of such issue, on account of the irregularity of the proceedings.</p> <p>2. Where an owner of coal gives an option to another to purchase the same, and stipulates that notice of the acceptance of the option should be given in writing, and it appears at the trial of an issue to determine whether such notice in writing had been given, that the persons giving the option deny positively ever having received written notice, the case is for the jury.</p> <p>3. WTiere persons having an option to purchase coal, take no action for seven years towards completing their title, and the optionor retains possession, pays taxes and claims title and gives an option to another party, the question of the optionee abandoning his interest in the land under the option is one for the jury, and a verdict and judgment against him will be sustained.</p>