Mildren v. Nye

Citations

• 51 Pa. Super. 78
• 1912 Pa. Super. LEXIS 182

Syllabus

<p>Ejectment — Issue to quiet title — Substantial contest — Possession—Acts of March 8,1889, P. L. 10, and June 10,1898, P. L. 415.</p> <p>1. Where a petition under the Act of June 10, 1893, P. L. 415, for an issue to quiet title avers actual possession in the petitioners for sixty years, and the answer denies that the petitioners have the actual and exclusive possession, and further denies that they have had posses-ions for sixty years, and the evidence adduced at the hearing on the rule to show cause shows that there was, and had been for some time a substantial contest regarding the land, the court commits reversible error in refusing an issue.</p> <p>2. There may be possession not so peaceable and undisputed as to authorize a proceeding under the Act of March 8, 1889, P. L. 10, but which, nevertheless, will authorize a proceeding under the Act of June 10, 1893, P. R 415.</p>