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· 5/9/1910

Spangler v. Trogler

Citations

  • 228 Pa. 217
  • 77 A. 495
  • 1910 Pa. LEXIS 457

Syllabus

<p>Ejectment — Rule to bring ejectment — Disputed title — Possession— Act of March 8,1889, P. L. 10.</p> <p>1. Where a person by himself and his predecessors has been in actual possession for over seventy years, of a cleared portion of a warrant, and has by the cutting of timber or other acts been in possession in the remaining portion of the warrant which is uninclosed and unimproved woodland, such possession of the woodland is sufficient to give the person so holding it a right to a rule upon a person claiming the record ownership, to bring an action of ejectment within six months as provided by the Act of March 8, 1889, P. L. 10, and its supplements.</p> <p>2. In such case the right of the petitioner to the rule is not defeated by the fact that he holds title subject to an agreement to reconvey on a future happening.</p>

Judges: Brown, Elkin, Fell, Moschzisker, Stewart

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