Pentz v. Corley

Decided June 10, 1878

Supreme Court of Pennsylvania · decided 1878-06-10

No. 50, May Term, 1878. This case was formerly tried and taken to the Supreme Court, where the judgment in favor of Pentz was reversed on the ground that the evidence showed plaintiff in possession of the land at the time the ejectment was brought; see 26 P. F. Smith, 57. The case was again tried and the judge gave the jury binding instructions to find for the defendant.

Decided 1878-06-10

¶1The decision of the Court below was affirmed on June 10,, 1878, in the following opinion:

Per Curiam.

¶2The evidence in this case showed clearly an undoubted and continuous possession of the whole tract of land by the plain*369tiff, in the ejectment below, and no ouster of the locus in quo by the defendants.

¶3Their entry was purely a tresspass to cut timber — even upon wild lands, it has been repeatedly held that no number of trespasses to cut timber, to tap sugar trees and boil sugar, and the like, will constitute possession of the land itself. We see no error, therefore, in the instruction of the Court.

¶4Judgment affirmed.