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Property Keyed to Sprankling
Tioga Coal Co. v. Supermarkets General Corp.
Citation:
546 A.2d 1 (1988).Facts
In 1948, Tioga Coal Company (Plaintiff) began using a strip of land called Agate Street and installed a lock upon a gate that controlled access to the street. In 1978, the gate was removed, and the plaintiff filed a complaint seeking title by adverse possession to Agate Street. The trial court found and the appellate court affirmed that the plaintiff’s possession of Agate Street was not hostile as required by Pennsylvania law. The lower courts held this way because the plaintiff was mistaken about the true owner of Agate Street, so the plaintiff did not intend to claim title against the actual owner. The plaintiff believed the true owner to be the City when in fact it was the defendant.
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22m 52s
