Tucker v. McMenamin

Citations

• 48 Pa. Super. 553
• 1912 Pa. Super. LEXIS 410

Syllabus

<p>Ejectment — Abstract of title — Answer in nature of special plea — Act of May 8,1901, P. L. lift — Proof of title out of the commonwealth.</p> <p>1. In an action of ejectment proof of title out of the commonwealth is not absolutely essential to the plaintiff’s recovery against defendants who refuse to file an answer in the nature of a special plea, setting forth their grounds of defense with an abstract of title by which they claim, as required by the Act of May 8, 1901, P. L. 142, and who, for aught that appears in evidence, were in possession without title or color of title. All that the plaintiff is required to do in such a case is to show a title or right of entry which is good as against a mere intruder.</p> <p>2. One in peaceable and undisputed possession under a recorded deed reciting title in the grantor, who was ousted by force or fraud by one without title, color of title, or right of possession, is not required to show, as against such wrongdoer that his title went back to the commonwealth. A defendant in an ejectment who fails to comply with the provisions of the act of May 8, 1901, as to filing an answer and abstract of title, is in the position of such a wrongdoer, although he may not have ousted the plaintiff by force or fraud.</p> <p>Evidence — Irrelevant evidence — Rendering evidence competent.</p> <p>3. The admission of irrelevant evidence is not ground for reversal where it was afterwards rendered competent by the introduction of other evidence.</p> <p>Evidence — Husband and wife — Testimony of wife — Possession—■ Ejectment.</p> <p>4. In an action of ejectment where the wife of the defendant is called as for cross-examination and testifies without objection or exceptions, as to the possession of the premises by herself and husband, a judgment on a verdict for plaintiff will not be reversed because the court permitted such testimony to be given, where it appears that the testimony was not harmful to the defendants or either of them, as the fact