152 Pa. 444 | Pa. | 1893
Opinion bv
There is but one question raised by the several specifications of error in this case, and that is whether the evidence is sufficient to support a finding by a jury of an open, notorious, continued and adverse possession by the appellants of the land in dispute for the period of twenty-one years prior to the institution of the suit for its recovery. In considering this question it should be borne in mind that the land in controversy is part of inlot No. 591 which appellant William Bell, by deed, with covenant of general warranty, conveyed to William Street on the 11th of October, 1865, and that appellee Eliza J. Connor now has and relies on the title which passed by this conveyance. It will thus be seen that Bell claims the land in opposition to his own deed and covenant of warranty, and rests his claim upon an adverse possession. It appears that when he sold to Street, the land in dispute was inclosed by a fence with inlots Nos. 592 and 593 which he then owned and occupied, and that since the sale he has continued to occupy the land within this inclosure as he had formerly done. Possession of the portion of inlot No. 591 thus inclosed was never taken by Street or his successors in title. Street purchased the lot and immediately took possession of a portion of it for the purpose of drilling an oil well thereon, and, on the 6th of March; 1866, he sold and conveyed it to the Alice Bell Petroleum Co. The possession taken by Street was maintained by the parties claiming under him, and neither, prior to 1887, had any notice that his grantor claimed a part of the land covered by his deed.
There is no evidence showing that the fence was a consentí
The specifications of error are overruled.
Judgment affirmed.
Cf. Ingles v. Ingles, 150 Pa. 397.