362 Pa. Super. 532 - Hoover v. Jackson’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To maintain an actual possession, to woodland as such, it is necessary that the person entering take actual possession by residence or cultivation, of a part of the tract to which the woodland belongs. Hole v. Rittenhouse, 37 Pa. 116 [(I860)]; Olewine v. Messmore, 128 Pa. 470 [ 18 A. 495 (1889) ]. Actual possession may be taken by enclosing and cultivating, without residence or by residence without cultivation, under a bona fide claim where there is a designation of the boundaries with the ordinary use of the woodland. This possession accomplishes an ouster, and is entirely different from the occasional or temporary use of the land without an intention to permanently cultivate or reside thereon or use it in some other manner consistent with the condition of the property.””

   1 later decision quote this exact passage
   e.g. 376 Pa. Super. 260 - Niles v. Fall Creek Hunting Club, Inc.

2. ““Where an enclosure is relied on to establish adverse possession, it must be of a substantial character, so as to be a protection against outside interference in adapting the premises to some suitable use. An inclosure of the land by ... stretching around a twenty-five hundred acre tract one barbed wire nailed to trees and saplings and a few posts at about four feet from the ground, and under the wire two strands of telephone wire, is not sufficient”: 2 C.J., section 15, page 62.”

   1 later decision quote this exact passage
   e.g. 376 Pa. Super. 260 - Niles v. Fall Creek Hunting Club, Inc.