Opinion
October 3, 1955.
November 14, 1955.
Ejectment — Real property — Title — Adverse possession — Continuing possession of grantor — Necessity of hostile possession — Title holder — Ignorance of ownership.
In an action of ejectment in which it appeared that the land in dispute was included in a 1927 deed from the grantor to his daughter (through whom the plaintiffs claimed title); that both the grantor and his daughter were ignorant of the fact that the land had been included in the deed; that the grantor continued to occupy and use the land in dispute as a part of his homestead until his death in 1931; that the grantor devised his homestead to his son for life with remainder to his children (the defendants); that this devise included the land in dispute; that the son continued in possession of the homestead including the land in dispute until his death in 1950, whereupon the defendants acquired actual and exclusive possession; it was Held that (1) the defendants had not acquired title by adverse possession; (2) the grantor's continuing in possession after his 1927 conveyance in ignorance of the fact he had conveyed this land was not a hostile possession, which is a necessary element of acquiring title by adverse possession; (3) as between a grantor and a grantee in a deed, the continued possession of the grantor after the date of the delivery of the deed can never give rise to title by adverse possession unless and until the privity between the grantor and grantee is severed by some unequivocal act; (4) the act of hostility to the title of the grantee which is necessary to make the continuing possession of the grantor adverse and hostile must be brought to the knowledge of the owner of the property; and (5) the court properly directed a verdict in favor of the plaintiffs.
Argued October 3, 1955. Before STERN, C. J., STEARNE, JONES, MUSMANNO and ARNOLD, JJ.
Appeal, No. 77, March T., 1955, from judgment of Court of Common Pleas of Washington County, Aug. T., 1952, No. 128, in case of Thomas Vlachos et ux. v. Rose Witherow et al. Judgment affirmed.
Same case in court below: 3 Pa. D. C.2d 698.
Ejectment. Before WEINER, J.
Verdict directed for plaintiffs; defendants' motion for new trial overruled and judgment entered on the verdict. Defendants appealed.
Walter W. Riehl, with him Patrick E. Derrico, and John P. Liekar, for appellants. Thomas L. Anderson, with him George J. Modrak, and Chris Vlachos, for appellees.
The judgment is affirmed on the opinion of Judge WEINER reported at 3 Pa. D. C.2d 698.