Lackawanna Lumber Co. v. Kelley

Citations

• 221 Pa. 238
• 70 A. 724
• 1908 Pa. LEXIS 470

Syllabus

<p>Ejectment — Evidence—Adverse possession — Cutting timber.</p> <p>In an action of ejectment binding instructions; for plaintiff are proper where it appears that defendant’s record claim was based upon a deed executed by an attorney-in-fact-who had only .power to make an executory contract for the sale of land, that defendant’s claim to.title by adverse possession, was not supported by any evidence of cultivation whatever, and that the only acts of dominion of defendant or his predecessors consisted of an occasional trespass for the purpose of cutting timber.</p>