Jenkins v. McMichael

Citations

• 21 Pa. Super. 161
• 1902 Pa. Super. LEXIS 330

Syllabus

<p>Deed — Presumption of grant — Evidence—Question for jury.</p> <p>Where a person has entered into possession of land under articles of agreement, and he and his successors have remained in possession for over forty years, paid portions of the purchase money, and expended money upon the land, the presumption is that the foundation of the title claimed is a deed, and the question whether a deed was or was not executed, is for the jury.</p> <p>Ejectment — Amendment— Adverse possession — Presumption of grant.</p> <p>Where plaintiffs in an action of ejectment claim title by adverse possession, and on an appeal from a judgment for the plaintiffs, they also argue that the evidence was sufficient to raise a presumption of a grant, and when after reversal, at the outset of the second trial, they give notice that they intend to claim by presumption of a grant, and the defendant goes on with-the trial without asking for a continuance, the defendant cannot object after a verdict and judgment against him that the plaintiffs should have been compelled to amend their abstract of title so as to show that they claimed by the presumption of a grant.</p>