Charlotte Furnace Co. v. Stouffer

Citations

• 127 Pa. 336
• 17 A. 994
• 1889 Pa. LEXIS 1120

Syllabus

<p>[To be reported.]</p> <p>1. Replevin will lie for an inclined plane connecting a railroad with defendant’s ore mines, and located partly on land belonging to defendant, which was built by the plaintiff under an agreement that the defendant should have the use of it for a certain compensation during a determinate period, and which at the expiration of the period the defendant refused to deliver to the plaintiff.</p> <p>2. An agreement to pay a compensation for the use of a structure erected upon land, being prima facie inconsistent with ownership thereof by the person so agreeing, is evidence against him of a title to the structure in the person who is to receive the compensation, even though, as to the land occupied, the latter were tenant and the former landlord.</p>