Williams v. Beam

Citations

• 196 Pa. 341
• 46 A. 432
• 1900 Pa. LEXIS 524

Syllabus

<p>Ejectment — Adverse possession of land — Evidence—Question for jury.</p> <p>In an action of ejectment where the defendant claims title by adverse possession for over thirty years, the case is for the jury where the evidence for the defendant, although contradicted in many particulars, tends to show that defendant went into possession under a parol gift from his mother; that he cleared and cultivated a part of the land; that he erected improvements thereon, planted an orchard, generally used the land as an owner and paid taxes thereon for twenty-one years prior to the bringing of the suil.</p> <p>Where a person takes possession of land under a'claim of right and not as an intruder, his possession of a part of the premises by his tenant when he has temporarily removed from the rest of the land, gives him constructive possession of the entire tract, and any other person farming or pasturing the land will be presumed to be acting in subserviency to his title.</p>