Parks v. Pennsylvania Clay Co.

Citations

• 222 Pa. 571
• 71 A. 1083
• 1909 Pa. LEXIS 911

Syllabus

<p>Estoppel — Title to land — Acquiescences in improvements — Ejectment.</p> <p>In an action of ejectment for one acre of land that adjoined a tract of nine acres owned by the defendant, it appeared that the plaintiff had a clear record title while the defendant had no record title. The defendant claimed to have acquired the land at a receiver’s sale. The evidence showed that at a time when the plaintiff was in the brick business with his sons who then owned the nine acres, he built at his own expense two kilns on his land which were used in the business. After he withdrew from the business his sons and a corporation that succeeded them in business used the kilns and a part of the land without charge. This use was permissive only. These kilns were repaired or rebuilt when it became necessary, and a third kiln was located partly on plaintiff’s land. The president of the corporation knew of this location, but before the kiln was completed the corporation passed into the hands of a receiver, who finished the kiln in ignorance of his rights but without the knowledge of the plaintiff. Subsequently, on notice of the plaintiff’s title he abandoned the kiln and afterwards the defendant acquired title to the adjoining land. Held, that the court committed no error in directing a verdict for plaintiff, inasmuch as there were nothing in the facts proved upon which an estoppel could be based.</p>