Shaffer v. Lauria

Citations

• 64 Pa. Super. 265
• 1916 Pa. Super. LEXIS 287

Syllabus

<p>Ejectment — Defenses — Adverse possession — Bes adjudicata — Easement.</p> <p>Where in an action of ejectment instituted after the passage of the Act of May 8, 1901, P. L. 142, the plaintiff establishes a complete record title, and the defendant under the plea of not guilty and in bis answer claims as tbe sole ground of defense a legal title based upon an open, notorious, exclusive and adverse possession of tbe premises in dispute for over twenty-one years, and a verdict and judgment is entered for tbe plaintiff, sucb judgment is res adjudieata of every interest that tbe defendant may claim in tbe land; and in a subsequent equity suit by the plaintiff for an injunction to restrain the defendant from interfering with a fence which tbe plaintiff bad erected to enclose the land, tbe defendant cannot set up that be bad an easement of way over tbe land in question. If be had sucb an easement it should have been set up in the action of ejectment.</p>