Darrah v. Kadison

Citations

• 51 Pa. Super. 133
• 1912 Pa. Super. LEXIS 191

Syllabus

<p>Trespass — Cutting timber — Possession—Record title — Adverse possession — Question for jury.</p> <p>1. In an action of trespass for the cutting of timber where the plaintiff shows a record title based upon a warrant, and the evidence is conflicting as to whether the land was or was not improved, and whether the defendant had or had not actual adverse possession of it for twenty-one years, the ease is for the jury.</p> <p>2. A sufficient title of unseated or wild land gives to the owner a constructive possession, so that he can maintain an action of trespass, if there is not an actual adverse possession clearly made out on the part of the defendant.</p> <p>3. Where a case depends on oral testimony, such testimony must be submitted to the jury.</p>