Leon G. NILES, d/b/a L.G. Niles Lumber Company, Appellee, v. FALL CREEK HUNTING CLUB, INC., Appellant, 376 Pa. Super. 260

Summary

In a boundary dispute, judgment was entered in favor of appellee possessor who claimed he owned the property in question by virtue of adverse possession or a consentable boundary line. Appellant title owner challenged the judgment and sought a new trial or a judgment n.o.v. On appeal, the court upheld the denial of appellant's motion for judgment n.o.v. The court found that the evidence of appellant's sporadic use of the land and a broken wire fence was insufficient to support the adverse possession claim. There was evidence that supported a finding that a previous survey line had become a binding consentable line by compromise or by recognition and acquiescence. However, the court reversed and remanded for a new trial because it could not determine on which theory the jury found in favor of appellee. The court examined the jury instructions and found them to be incorrect and misleading. The trial court submitted the adverse possession issue, which had been insufficiently proved, and ...