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2 Monag. 703

McCloskey v. McCloskey

Supreme Court of Pennsylvania

Decided October 29, 1888

Supreme Court of Pennsylvania · decided 1888-10-29

Error, No. 146, Oct. T., 1887, to C. P. Cambria Co., to review judgment on verdict in ejectment, by the heirs of John McCloskey, deceased, against James McCloskey,… Held: purely by statute. A man would squat on land, build himself a cabin, define his boundaries, and if the owner presented himself within 21 years, the squatter would find it to his interest to purchase his title. Should his possession not be disputed, after 21 years he would hold it despite the former owner.

Decided 1888-10-29

Per Curiam,

¶1This case was properly tried and determined in the court below. The only doubt which appears in the contest is whether the sheriff’s sale and deed to James Mc-Closkey left any question which ought to have been submitted to the jury, but, as this doubt was resolved in favor of the plaintiffs in error, they have nothing of which to complain.

¶2The judgment is affirmed.

¶3Note. — Although, from facts referred to in the opinion of the supreme court, it may be doubted if any of the questions raised by the assignments of error were decided, the following point should be stated so that it may be noted in the index and digest:

¶4An offer of evidence, to prov.e a confession of title in one tenant in common by another, was held inadmissible, as an independent fact in an offer of compromise, in an action of ejectment.

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