Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1879-10-23
The Great Ejectment Suit.


The important ejectment trial-lm-
portant because of the vast interests
involved in its determination-of +. j.
Pruner and Jacob Burley against the
heirs of the late DR.. Daniel Houtz,
occupied the attention Of our court
during all of last week. This suit
was brought for the ownership and
possession of two valuable tracts of
coal and timber land, including the
ground upon which the present thriv-
ing town of Houtzdale stands, in
Clearfeld county, and by change of
rcnue the case was brought to this
county for trial. The trial began on
Monday afternoon of last week, and
lasted until after ten o'clock of Satur-
day night, when the jury returned n
verdict in favor of the defendants.
The Hon. George A. jerks, of Jefier-
son county and Gen. Jas. A. Beaver
appeared for the plaintiffs, and Hon.
William a. Wallace, of Clearfeld
county, and Hon. c. T. Alexander for
the defendants. Judge Orvis was up
on the bench, assisted by Associate
Judges Diven and Franck. The case
was ably and closely tried by the
the attorneys on both sides, and dur
ing the argument to the jury attracted
n great many listeners to the court
house. We have heard the charge of
Judge Orvis to the jury spoken of by
lawyers, and Others fully competent to
express an opinion, rs one of the ablest
and clearest expositions of the land
law of Pennsylvania ever delivered
TO jury, and as a matter of general
interest to our readers we are glad to
give space to this able production.
1t reads as follows:
EDWARD j. PRUSER and In the cour, Of
JAcon BrRLEY, C"mm.n Pleas
We. n, 80 .pg,.,
HANNAH T.. BRIsniN, ct al. Term, 1s7s.
CHARGE or THE COURT.
Gentlemen Of The Ji0y This is an ac
tion Of ejectment brought by Edward ]. d.
Pruner and Jacob Burley against Han
nah T.. Brisbin and Geo. NJ. Brisbin, her
husband, Eliza h. Good and -. K. Good,
her husband, Clara McAteer and II. J.
McAteer, her husband, all being heirs
at law OF DR.. Daniel Houtz, and large
number OF other defendants named
upon the record, TO recover possession
of six hundred and forty.four acres and
sixteen perches and allowance Of land,
situate now, partly in Woodward town.
ship and partly in the borough of lToutz
dale, Clearfield county. This action
was brought originally in Clearield
county, and by proper proceedings.
upon the application of the plaintiffs,
was removed to this county for trial
Fjectment is the proper and only form
of action, in Pennsylvania, by which
one party can recover land belonging to
him, which is in the actual possession OF
another, when that other claims title to
the land.
IL is n general rule Of law. applicable
TO ejectments. that the plaintiff must
recover, IL at all, on the strength of his
own title, and not upon the weakness
Of the title Of his adversary. IF neither
party shows a good title to the land in
controversy the law will leave the de-
fendant in possession, where IL found
him. Whoever is in the peaceable pos
session Of land, whether he has good
title to II or not. has the right to remain
undisturbed until the rightfEl owner
comes aud asks that he shall turn out.
The plaintiffs claim this land under
two warrants granted by the common.
wealth October 3, 1859, TO Jacob Burley
and f. J. Pruner. respectively. The
warrant to Jacob Burley was for four
hundred acres OF land, and q survey in
pursuance Of that warrant was made
October Is, 1882 for three hundred and
sixty'three acres and ninety six perches.
The warrant TO Z. j. PTuner vas for
three hundred acres, upon which sur.
vey was made October 10, 1859, for two
hundred and eighty acres and eighty
perches. These warrants we're moi 10.
Gated nor the surveys made by the Coun.
ty surveyor Of cleardeld county, but