Kossell v. Rhoades

Citations

• 272 Pa. 75
• 116 A. 56
• 1922 Pa. LEXIS 776

Syllabus

<p>Timber — Unlawful cutting — Trespass—Possession—Adverse possession — Residence—Cultivation, etc.</p> <p>1. Plaintiff, in an action to recover damages for the unlawfnl cutting of trees, must not only show title or ownership of the land, but also possession or right to immediate possession at the time of the trespass.</p> <p>2. While a warrant for unimproved lands gives to the owner sheh constructive possession as will enable him to maintain trespass, it cannot be effective against one who has an actual adverse possession of the land.</p> <p>3. Actual possession may be by residence without cultivation or by inclosure and cultivation without residence.</p> <p>4. Where, in an action for unlawful cutting of timber on unimproved land, plaintiff claims by a record title, but does not aver or show possession and the defendant shows actual possession for more than forty years, plaintiff cannot maintain the action, but must first establish title by an action of ejectment.</p>