Hasson v. Klee

Citations

• 168 Pa. 510
• 32 A. 46
• 1895 Pa. LEXIS 832

Syllabus

<p>Ejectment — Evidence—Adverse possession — Charge of court.</p> <p>In an action of ejectment where defendant claims title by adverse possession for twenty-one years by himself and his predecessors in title, and plaintiffs claim that during a portion of the twenty-one years defendant’s predecessors in title held the land under a permission, license or lease from plaintiffs’ predecessors in the title, and there is no evidence to show the existence of such a permission, license or lease, and no reference in the ease to it, except in an offer of testimony which is rejected as incompetent, it is error for the court to refer to the alleged lease, or to base any instructions upon the assumption of its possible existence.</p>