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CLARENCE J. YOHO AND JEAN B. YOHO v. GERALD C. STACK AND JOAN L. STACK. APPEAL GERALD C. STACK (04/07/88)

filed: April 7, 1988.

CLARENCE J. YOHO AND JEAN B. YOHO,
v.
GERALD C. STACK AND JOAN L. STACK. APPEAL OF GERALD C. STACK



Appeal from the Order entered June 12, 1987 in the Court of Common Pleas of McKean County, Civil Division, at No. 1204 C.D. of 1983.

COUNSEL

William J. Kubiak, Bradford, for appellants.

Daniel J. Hartle, Assistant District Attorney, Smethport, for appellees.

Brosky, Wieand and Del Sole, JJ. Wieand, J., files a concurring statement.

Author: Del Sole

[ 373 Pa. Super. Page 79]

This is an appeal from the Order entering final judgment in which it was determined that Appellees had established title to certain property, the ownership of which was disputed by the parties. Likewise, the Order stated that Appellant and his wife had failed to demonstrate ownership of the property by adverse possession.

The record shows that Appellees filed an action for declaratory judgment against Appellant and his wife alleging that they were the owners of a strip of land separating the

[ 373 Pa. Super. Page 80]

    parties' properties.*fn1 The parties own adjoining rectangularly shaped farms. Appellees' is to the north of Appellant's. The two farms are divided by a boundary running from east to west. The location of this boundary line was the subject of the landowners' dispute.

Following a non-jury trial, the Chancellor filed a decree nisi. Therein, the Chancellor adopted Appellees' survey of the boundary line between the properties. In addition, it was decided that Appellant and his wife had not presented the necessary evidence to establish adverse possession of the strip of land in question. Post-trial motions were filed and later denied. This timely appeal follows.

Appellant raises three issues in this appeal:

1. Did the Trial Court err in accepting the survey of Plaintiffs [Appellees] Yoho over the survey of ...


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