59 Pa. 414 | Pa. | 1868
The opinion of the court was delivered, January 5th 1869, by
This was an action of trespass quare clausum fregit by the plaintiff in error, who was the plaintiff below, against the defendant. The pleas were not guilty, and liberum tenementum. The parties owned adjoining tracts of land through which ran a road called the Puckety road. It was contended by the defendant, that the true line between the properties began at a white-oak corner and ran south of the road, leaving a strip of land between, about 40 rods in length and from 5 to 15 feet in width. This strip was the locus in quo. On the other hand, the plaintiff claimed up to the line of the road by an adverse possession of more than twenty-one years, at the time that the trespass was committed ; in other words, that whatever was the true state of the
The 1st is, that tbe court below erred in affirming tbe defendant’s 4th point, “ that tbe Statute of Limitations was intended to protect not one who enters by right, but a disseisor who enters against all right; and that therefore to give title by tbe Statute of Limitations requires a possession of twenty-one years, and that possession must be actual, visible, peaceable, continued, notorious, distinct and hostile.”
If this is to be considered as a single distinct proposition, then it is a perfectly true conclusion, though drawn apparently from false premises. It is indeed difficult to see tbe connection between tbe first and tbe latter part of tbe point, or why it is that tbe necessity of adverse possession for twenty-one years, of tbe character described, follows as an inference from tbe alleged intention of tbe statute, to protect not honest claimants but dishonest squatters. It is a plain illustration of what logicians call a non sequitur. There is no middle term to connect tbe premises with tbe conclusion. If, however, tbe point includes two distinct propositions, tbe affirmance of tbe first was an error. It in effect instructed the jury, that if the plaintiff had originally entered and occupied tbe strip of land in dispute under bis paper title, bis adverse possession for more than twenty-one years would not avail him, if it should turn out eventually by measurement that be was mistaken, and that bis patent or deed did not embrace tbe locus in quo, or .if it did that somebody else bad an older and better right to it. At all events, a jury of plain men, not acquainted with tbe subtleties of logic, would naturally have so understood it — would not have regarded tbe first part of tbe point as a reason given for the second, and therefore immaterial whether it was right or wrong. It' certainly requires no argument or authority to prove that it was wrong. Tbe Statute of Limitations is a statute of repose to tbe community — of peace to tbe courts. Interest reipublicce ut sit finis litium. It is meant to be efficacious, and is efficacious for tbe man whose right, if be chose to produce and rely upon it, is undoubted, but who prefers to avoid all questions which might -arise by not exhibiting it, but relying on bis undisturbed possession for tbe prescribed period. It is sometimes the easiest and most inexpensive process. Indeed there seems more reason and justice in affording tbe advantage of tbe statute to one who enters by right, rather than to a disseisor who enters against all right. It is maintained, however, by tbe counsel for the defendant that tbe law, as enunciated in the first part of tbe
The 2d error assigned is, that the court below erred in affirming'the defendant’s 6th point, “ that if the jury believe from the evidence that James M. Rowan, the defendant, entered upon the portion of the land now in controversy in March 1844 and after-wards, for the purpose of making a survey, or the exercise of any other act of ownership, such entry or entries would bar the running of the statute, because it would break the continuity of the possession, and destroy its peaceable character.” What will
It is evident, however, 'that the mere act of making a survey, without it was animo elamandi, is not sufficient. In the absence of any evidence of its object and purpose, a jury might well infer an intent to claim dominion; but it must of necessity, as all other questions involving intention, be left to the jury to determine, upon a consideration of all the circumstances. With what particular design the survey referred to in this case was made, does not very distinctly appear in the printed testimony, nor whether the plaintiff was present, or had notice of it. Yet by affirming, and without qualification, the defendant’s 5th point, that an entry for the purpose of making a survey would bar the running of the statute, the question of the intent of the act — whether it was animo elamandi — was entirely withdrawn from the jury. It cannot be doubted that it may have been diverso intuitu, simply to ascertain other lines and corners on the adjoining tract, of which they were about to make partition. Besides, nothing is said in the point about notice to the possessor, if there was one. It appears to have been assumed in all the cases, that if there be a resident on the tract he must have notice of the entry. A man
There is another defect in the point, which leaves it imperfect in its application to the evidence in the ease, and which, as the cause is to go back, ought to be noticed. The survey, according to the point, was in March 1844; according to the evidence of the surveyor, March 11th 1844. This action was commenced June 26th 1865, after a lapse of twenty-one years, three months and fourteen days. But when precisely the trespass for which the action was Brought was committed, does not appear in the evideirce. If at the time of the trespass by the defendant and the removal of the fence, more than twenty-one years of exclusive adverse possession subsequent to the day of the alleged entry in 1844 had been held by the plaintiff, his title to maintain this action would be undoubted. The jury might reasonably have inferred from the unqualified affirmance of the point, that an entry at any time after the adverse possession commenced would have the effect to stop the running of the statute altogether. But besides this, the court instructed the jury, when they affirmed the defendant’s 5th-point, that if the entry was for the purpose of- “ the exercise of
Judgment reversed, and venire facias de novo awarded. .