Crist v. Boust

Citations

• 26 Pa. Super. 543
• 1904 Pa. Super. LEXIS 349

Syllabus

<p>Ejectment — Title—Strength of title — Evidence.</p> <p>In ejectment the plaintiff must recover upon the strength of his own and not upon the weakness of his adversary’s title.</p> <p>Ejectment — Evidence—Deed.</p> <p>Where on the trial of an action of ejectment it is admitted that title is out of the commonwealth, the plaintiff will not be permitted to offer in evidence in order to show a good paper title in himself, an intermediate deed between the conveyance of the commonwealth and his own title, without showing a line of paper title from the grantee of the commonwealth to the grantor in the deed offered in evidence. Such a deed may be offered in evidence for the purpose of showing an entry under it as a basis for title by adverse possession; or it may be admitted where it is connected with the grant of the commonwealth by recitals; but where no such connection is shown it is inadmissible.</p> <p>Ejectment — Adverse possession — Evidence—Constructive possession.</p> <p>If a plaintiff in ejectment claims title by adverse possession for twenty-one 3rears, he must prove every element necessary to constitute a title under the statute of limitations, otherwise it is the duty of the court to instruct the jury that there is not sufficient evidence to entitle him to recover.</p> <p>Constructive possession can only apply to land immediately adjacent to a part of that which is in absolute and uncontrolled possession.</p>