Hess v. Sutton

Citations

• 33 Pa. Super. 530
• 1907 Pa. Super. LEXIS 331

Syllabus

<p>Trespass — Pleading—Possession of land — Evidence—Boundaries— Nonsuit.</p> <p>“Not guilty” is the only plea allowed by the act in an action of trespass and by it the plaintiff is put on proof of his possession, actual or constructive, as well as of the injury described in the declaration. Where the land is unimproved, possession will be presumed to follow the title. If the land is improved, that fact shows it is in the actual possession of someone, and in such case the plaintiff cannot rest on his title but must show his possession.</p> <p>Where in an action of trespass for cutting timber it appears that plaintiff’s deed described his land as “bounded on the north by unseated mountain land,” and that there were no marks on the ground nor corners fixed, and it also appears that the plaintiff did not know where his north line was, a nonsuit’ is properly entered.</p>