Lewitzky v. Sotoloff

Citations

• 224 Pa. 610
• 73 A. 936
• 1909 Pa. LEXIS 850

Syllabus

<p>Tenants in common — Adverse possession — Title—Receipt of profits.</p> <p>A claim of exclusive right may be established by proof that one tenant in common has entered upon the whole land and taken possession of and occupied the whole, claiming it as his own and taking the profits exclusively as his own for twenty-one years without acknowledging the claim of his cotenant; but the possession of one tenant in common is prima facie the possession of his cotenant also, and mere proof of the receipt of profits without accounting therefor will not sustain a claim of ouster or adverse possession.</p>