Townsend v. Boyd

Citations

• 217 Pa. 386
• 66 A. 1099
• 1907 Pa. LEXIS 721

Syllabus

<p>Landlord, and tenant — Ancient lease — Adverse possession — Presumption of grant — Mortgage.</p> <p>While a tenant is ordinarily estopped from denying his landlord’s title, the rule does not apply to the case of one who comes into possession under a title proclaimed of record to be adverse to the landlord, and who continues in such possession for over sixty years, undisturbed by the landlord, or anyone claiming under him, and especially is this so when the alleged landlord’s title is set up by a stranger.</p> <p>Where a lease of land for 2,000 years was created in 1682, and thereafter for 145 years in all deeds, wills and other conveyances, the land was described as the residue of the 2,000 year lease, and in 1823, in partition proceedings, the allotments were made to the allottees in fee, and afterwards for sixty years all of the conveyances were in fee, and there was a continuous adverse possession against all the world, a sale in foreclosure proceedings under a mortgage given after that time will pass a title in fee, and such title will be good as against a purchaser at sheriff’s sale of the unexpired term of the lease taken in execution as the alleged property of the mortgagor.</p> <p>After a great lapse of time and a series of circumstances disclosing the enjoyment of an unchallenged title during such period, the courts will presume whatever grant may be necessary to quiet the title. It is not sufficient for a stranger to rest upon an, ancient outstanding title.</p> <p>A mortgagor cannot set up as a defense to the mortgage that he had no title to the premises, and this applies to anyone claiming title through the mortgagor.</p>