Gregory v. Griffin
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county. The questions involved in this case will be understood from the statement of the facts presented by Mr. Justice Burnside, in delivering the opinion of the court. The following draft exhibits the situation of the property, and may assist in acquiring an understanding of the case.
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Error to the Common Pleas of Luzerne county. The questions involved in this case will be understood from the statement of the facts presented by Mr. Justice Burnside, in delivering the opinion of the court. The following draft exhibits the situation of the property, and may assist in acquiring an understanding of the case. It will also show the position of the coal mine referred to, in the opinion of the court, which was situated west of said lots, and was accessible from the public road only by passing over the seventy-five acres. The court below (Conyngham, President) charged the jury, 1st,…
1Opinion of the Court
The opinion of the court was delivered by
Burnside, J.
This was an action of trespass quare clausum fregií; the defendants plead non cul, and liberum lenementum.
The plaintiff gave in evidence a certificate, dated the 2d January, 1804, from the commissioners under the compromise law of 1799, to Moses Clark, No. 19, including the close in question.
Clark, on the 15th of October, 1813, assigned this certificate to James Griffin, who, on the 2d September, 1831, made a deed for seventy-five acres, strict measure, to Elias Griffin, reserving the privilege to the grantor of a road through the same, to…
2Cases cited4 opinions
- Lessee of Packer v. GonsalusSupreme Court of Pennsylvania · 1815
- Wilson v. M'NealSupreme Court of Pennsylvania · 1840
- Creigh v. BeelinSupreme Court of Pennsylvania · 1841
- Hoffman v. LeeSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922