Fearl v. Johnstown

Citations

• 216 Pa. 205
• 65 A. 549
• 1907 Pa. LEXIS 781

Syllabus

<p>Ejectment — Rule to bring ejectment — Possession—Acts of March 8, 1889, P. L. 10, June 10, 1893, P. L. 415, and April 1.6, 1903, P. L. 212.</p> <p>Where the title to real estate is in dispute, but the fact of possession is clear, the remedy is for the person in possession to rule the person out of possession to bring an ejectment, as provided by the Act of March 8, 1889, P. L. 10; but where both the title to the land and the fact of possession are in dispute, the remedy is a rule for an issue to be framed by the court as provided by the Act of June 10, 1893, P. L. 415.</p> <p>Where a city claims a strip of land as part of a public street, and a private individual claims the same land as his own, and has recently built thereon a stone wall to which the city had immediately objected, the remedy for the individual claimant is by a rule on the city under the act of June 10,1893, for an issue to be framed by the court.</p>