Douglas v. Irvine
Citations
- 126 Pa. 643
- 17 A. 802
- 1889 Pa. LEXIS 923
Syllabus
<p>1. An entry upon land held adversely, made for the purpose of making a survey under a claim of title, will not toll the bar of the statute of limitations, unless followed by an action of ejectment brought within one year thereafter, as required by the act of April 13, 1859, P. L. 603.</p> <p>2. Whore the statute of limitations has commenced to run against a testator, in his lifetime, no subsequent disability, — in this ease the minority of Ms devisees, — will arrest it; and, as the minors’ possession is the possession of their father, the fact that they were living on the premises with their father, the adverse holder, is immaterial.</p> <p>3. Declarations of a hoy nine years old, one of the devisees, living with his father’s family on the premises, that he was the owner of the land occupied by the family, are not admissible as evidence to break the continuity pf the father’s adverse possession.</p>
Judges: Clark, Green, Mitchell, Paxson, Sterrett
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