Le Fevre v. Le Fevre
Supreme Court of Pennsylvania
In Error. UPON a writ of error to the Court of Common Pleas of Lancaster county it appeared, that this was an action of trespass vi et armis, brought by the plaintiff in error against , -, , ’ F , , - j ■ • the defendants, for cutting and destroying a conduit used by him for supplying his tanyard with water, and preventing the water from flowing into the tanyard, through f, ° r , c F3 . F 0 the said pipe, for the space of three weeks ; in consequence of which the tanyard was…
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In Error. UPON a writ of error to the Court of Common Pleas of Lancaster county it appeared, that this was an action of trespass vi et armis, brought by the plaintiff in error against , -, , ’ F , , - j ■ • the defendants, for cutting and destroying a conduit used by him for supplying his tanyard with water, and preventing the water from flowing into the tanyard, through f, ° r , c F3 . F 0 the said pipe, for the space of three weeks ; in consequence of which the tanyard was deprived of the use of the water J r which ought to have flowed through the said pipe. The pleas were not guilty and…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The rejection of the evidence is endeavoured to be supported on two grounds. 1st. That this right of water, See. was incorporeal, and could pass only by deed. 2d. That the evidence offered was in direct contradiction to the deed.
1st. From the view in which I have considered this evidence, it is unnecessary to decide, whether this right is corporeal or incorporeal. Whatever it was, the first route, &c. ' conveying the water is granted by deed. One thing is very certain, it is such right as is tangible; its existence is not merely in idea or…
2Cases cited1 opinion
- Lessee of Black v. HepburneSupreme Court of Pennsylvania · 1798
3Cited by11 opinions
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- Grant v. City of DavenportSupreme Court of Iowa · 1865
- Rerick v. KernSupreme Court of Pennsylvania · 1826
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