McDonough v. Gensemer

Citations

• 49 Pa. Super. 449
• 1912 Pa. Super. LEXIS 351

Syllabus

<p>Boroughs — Annexation of land — Petitioners—Ownership of lands.</p> <p>Persons cannot be considered as freehold owners of lots in determining whether a majority of such owners had petitioned for the annexation of land to a borough, where it appears that such persons merely claimed to own a strip of land which was in actual possession of a railroad company, where there is no proof of their ownership by deed, will or otherwise, and the evidence shows that the strip of land in question had been in the uninterrupted and undisputed possession of the railroad company for over thirty years, and that the company had entered on the land in the exercise of its right of eminent domain, and had filed a bond to secure damages payable to the owner.</p>