Hasson v. Klee

Citations

• 181 Pa. 117
• 37 A. 184
• 1897 Pa. LEXIS 513

Syllabus

<p>Ejectment — Possession—Presumption—Grant—Deed.</p> <p>In an action of ejectment where the defendant claims title from a person to whom no deed can be found, if the evidence shows that the defendant and his predecessors in title have held excl usive, continued and adverse possession of the land for twenty-one years; that they were assessed with, and that they paid taxes and street improvements thereon, and exercised other acts of ownership, a presumption arises that a deed was executed and delivered to the person from whom the defendant claimed title.</p> <p>Ejectment — Statute of limitations — Entry—Adverse possession — Act of April 13, 1859.</p> <p>The Act of April 13, 1859, P. L. 603, which declares that “no entry upon lands shall arrest the running of the statute of limitations unless an action of ejectment shall be commenced therefor within one year thereafter,” relates to an entry during the running of the statute of limitations, and to the proceedings necessary to make such entry, from the date of it, arrest the running of the statute.</p> <p>In an action of ejectment plaintiffs’ testimony tended to show entries upon the property at different times by the plaintiffs. Defendant requested the court to charge “ that no entry upon the property in dispute by the plaintiffs or those under whom they claim, during the period in which the property was in actual possession of the defendant or those under whom he claims, would arrest the running of the statute of limitations where such entry was not followed within one year by suit for possession.” The answer to the point was as follows : “ This point is affirmed — that is to say, if they acquired twenty-one years adverse possession at any time prior to 1893 it would be a bar to recovery.” Held, that the point should liave been affirmed without any qualification.</p>