Hartley v. Spencer

Citations

• 75 Pa. Super. 449
• 1921 Pa. Super. LEXIS 41

Syllabus

<p>Trespass — Trespass clauswn fregit— Possession of land — Evidence.</p> <p>In an action of trespass quare clansnm fregit to recover damages for trespasses to improved real estate the plaintiff must prove not only his title to or ownership of the land, hut, also, that he was in actual possession of it at the time the alleged trespasses were committed.</p> <p>Where the defendants were admittedly in possession of the land in dispute under a claim of right, at the time the plaintiff acquired his alleged title to it, and for many years before that, the plaintiff cannot maintain an action of trespass, unless he produces evidence at the trial showing that he had gained possession of the land and held it at the time the alleged trespasses were committed. If he does not do this bis action is premature and be must first establish his title by an action of ejectment.</p>