Moreland v. Moreland

Citations

• 121 Pa. 573
• 15 A. 655
• 1888 Pa. LEXIS 691

Syllabus

<p>A defendant in ejectment relied upon evidence of a parol gift followed by adverse possession taken and maintained thereunder, the donor also upon the premises during his lifetime:</p> <p>Held, not error to instruct in substance:</p> <p>1. That, if the jury should find that the land was in the joint possession of the donor and the defendant until the death of the former, the defence failed, because less than 21 years had elapsed between the death of the donor and the time suit was brought.</p> <p>2. That, per contra, if theyshould find there was no such joint possession, but that the defendant was in possession continuously, adversely and exclusively for more than 21 years before suit brought, he had acquired title under the statute and was therefore entitled to a verdict.</p> <p>3. That the question was not so much what was intended by the donor, as what the defendant’s understanding was, what he claimed and what he did; and, if the latter believed the gift absolute, and under that belief went into possession and held adversely for the statutory period, he was entitled to recover.</p>