Wahl v. Pittsburgh & Western Ry.

Citations

• 158 Pa. 257
• 27 A. 965
• 1893 Pa. LEXIS 1574

Syllabus

<p>Ejectment — Title—Improvements—Estoppel—Evidence.</p> <p>Where there is evidence that the plaintiff in an ejectment saw defendant enter into possession of the land under the belief that he was taking a clear title, and saw him expend a large sum of money in improvements upon it, and gave no notice of his claim, the jury should be instructed that if plaintiff knew defendant had purchased and paid for the land believing the grantor had title thereto, saw him make expensive improvements upon it, arid kept silent as to his own claim, he and those claiming under him are estopped as against defendant from setting up title.</p> <p>Estoppel — Witnessing deed — Presumption. •</p> <p>= ■ The fact that a person claiming land witnessed a deed whose description included the land claimed by him, will not estop the witness from subsequently asserting title to the land. There is no presumption in such a ease that the description in the deed had been read to him.</p>