Collins v. Lynch

Citations

• 157 Pa. 246
• 27 A. 721
• 1893 Pa. LEXIS 1415

Syllabus

<p>Adverse possession — Husband and wife — Presumption—Statute of limitations.</p> <p>The presumption that where husband and wife live together upon land, the possession is that of the husband, may be rebutted by showing that the wife acquired the right of possession by purchase from her father.</p> <p>A trespasser upon land who had not acquired title by adverse possession, sold and transferred his possession to his daughter by an instrument in writing. There was evidence that the daughter, a married woman, took possession, and continued to hold the land for over fifty years. About twenty-two years after the daughter went into possession of the land ejectment was brought by the record owners against her husband, and a verdict rendered in their favor. Judgment was apparently not entered upon the verdict, and the wife remained undisturbed in the possession of the land. Subsequently the land was sold under a judgment against the wife, and was bought in by her daughter, who after her mother’s death took possession of the land. In an action of ejectment against the daughter, the court charged that the circumstances were not sufficient to overcome the legal presumption that the possession of a husband and wife in joint occupancy of premises as a home was the possession of the husband. Held, that the case should have been submitted to the jury to determine whether or not the presumption was overcome.</p>