DONEGAL TWP. SCHOOL DISTRICT v. CROSBY


171 Pa.Super. 372 (1952)

Donegal Township School District v. Crosby, Appellant.

Superior Court of Pennsylvania.

July 17, 1952.


Attorney(s) appearing for the Case

Luther C. Braham, with him Edith B. Galbreath, Darrell L. Gregg and Galbreath, Braham & Gregg, for appellant.

James E. Marshall, with him John H. Marshall, Harry K. McNamee and Marshall, Marshall & McNamee, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY RENO, J., July 17, 1952:

The School District of Donegal Township instituted ejectment for a tract of land upon which it had erected a school building in 1889 or 1890 and used for school purposes continuously until 1947. John Pontius was then the owner of the land and, in the absence of a deed from him, the school district relied upon the presumption, arising from occupancy of the land for 60 years,...

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