Patton v. Hooks

Citations

• 61 Pa. Super. 320
• 1915 Pa. Super. LEXIS 327

Syllabus

<p>Ejectment — Boundaries—Division line — Adverse possession — ■ Estoppel — Evidence.</p> <p>In an action of ejectment where the issue is to determine the location of a division line described in deeds in partition executed by the predecessors in title of plaintiff and defendant, the latter is entitled to have the case submitted to the jury on the question of adverse possession, where there is evidence 'that shortly after the execution of the deeds, a fence had been constructed having reference to the division line, a part being along it, but not on it, and that for more than twenty-one years before the suit was brought the fence had been maintained, except during a short interval after it had been torn down by plaintiff, but almost immediately rebuilt by defendant. In such a case it is immaterial that plaintiff may have occasionally used a private road, a part of which was on the land in dispute; and in such a case the deeds in the line of title may be sent out with the jury.</p> <p>In an.action of ejectment where the issue is the location of a division line described in deeds of partition executed by predecessors in title of plaintiff and defendant, and where it appears that the deeds had been recorded, and that plaintiff had in no way misled the defendant, it is reversible error for the court to charge in effect that the defendant’s cultivation of the plaintiff’s land without objection on the latter’s part would estop him from asserting title to the property, if such cultivation had not continued for twenty-one years.</p>