Delaware, Lackawanna & Western Railroad v. Tobyhanna Co.

Citations

• 228 Pa. 487
• 77 A. 811
• 1910 Pa. LEXIS 514

Syllabus

<p>Adverse possession — Statute of limitation — Lands owned by railroad not part of right of way.</p> <p>1. Land purchased by a railroad company outside of its rights of way, for railroad purposes generally, not present but prospective, is subject to the statute of limitations, and title to it may be acquired as against the company by adverse possession.</p> <p>2. In an action of ejectment by a railroad company to recover possession of a strip of land lying along its right of way acquired by purchase and never appropriated for railroad purposes, evidence by defendant of twenty-four years’ adverse possession is competent and material.</p> <p>Evidence — Title to unseated lands — Tax deeds — Claimant by adverse possession.</p> <p>3. Where in an action of ejectment a link in plaintiff’s title is a treasurer’s deed which recites the sale for taxes of a large tract of unseated land embracing the lot in dispute, and there is no evidence offered of a valid assessment of the lands, the defendant claiming title only through adverse possession, is not in position to demand higher proof of an assessment than the deed itself.</p>