Pifer v. Berkey

Citations

• 229 Pa. 394
• 78 A. 990
• 1911 Pa. LEXIS 504

Syllabus

<p>Ejectment — Rule to bring ejectment — Practice, C. P. — Pleadings—Act of June 10,1898, P. L. jl5.</p> <p>1. A proceeding under the Act of June 10, 1893, P. L. 415. to settle and determine rights and title to land, should conform as nearly as may be to an action of ejectment. Both sides should be required to file abstracts of title and a formal definite issue should be framed setting forth the exact question to be determined by the jury. It is improper practice to proceed to trial merely' upon the general averments of the petition and answer treated as the pleadings in the case.</p> <p>2. If, however, in such a proceeding one of the parties is allowed to go to the jury on the question of title by adverse possession, and also of title by parol purchase followed by possession and valuable improvements, and both claims are insisted upon, a verdict and judgment for the party setting up the claims will not be reversed, although the averments of his answer are ambiguous and leave room for doubt as to whether the possession claimed was open, notorious and adverse as against the other party or possession taken under the alleged parol. sale.</p>