Pennsylvania State Reports Volume 118 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 Excerpt: ...or public easements." Rulings to the same general result are found in City of Pella v. Scholte, 24 la. 293. In the present case there was a dedication by making and recording the town plot, and selling lots thereby, and a user by the public for a few years. The incorporation of the borough of Tarentum invested the care of its streets in the town authorities, and they stood by and saw the owner erect this house in a manner that was a clear claim of adverse right. He sold and his vendees and their representatives have been occupying adversely ever since, for over forty years. There has been;i clear adverse possession. It seems to me that this should, under the circumstances found in the special verdict, be conclusive evidence of abandonment by the town authorities, and a case in which the maxim, Nullum tempus occurrit regi. does not apply. We can see no good reason why the presumptions of abandonment by the town authorities on one side, and the protection of the statute of limitations on the other, should not under the circumstances of this cose apply to the adverse occupation of two thirds of the street as well as to the whole of it. Arguments. had it been wholly occupied. The indictment only covers the ancient obstruction of the house. It is silent as to the very recent obstruction of the remaining width of the street at lot No. 59, and the decision in the present case does not affect anything beyond the matter contained in the indictment. And now, July 16, 1887, after argument, and upon consideration, the court being of the opinion, that upon the record and the facts found in the special verdict, the law is with the defendant, judgment on the verdict is arrested and judgment is entered in favor of the defendant, non obstante veredicto. The commonwealt...