Legal Opinion

Blank v. Barnhart

Superior Court of Pennsylvania

Decided May 23, 1901No. Appeal, No. 92PublishedCited by 10 opinions

Appeal, No. 92, April T., 1901, by defendants, from judgment of C. P. Westmoreland County, Aug. T., 1898, No. 500, on verdict for plaintiff in case of John J. Blank V. William R. Barnhart, William F. Sbrum and George Barnhart. Trespass for encroaching on land.

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Appeal, No. 92, April T., 1901, by defendants, from judgment of C. P. Westmoreland County, Aug. T., 1898, No. 500, on verdict for plaintiff in case of John J. Blank V. William R. Barnhart, William F. Sbrum and George Barnhart. Trespass for encroaching on land. Before Doty, P. J. The court charged in part as follows: The dispute here is about a division line, or, speaking with greater accuracy, the whole dispute here is about a comer.] [1] [The white oak tree, as we have said, is a monument that all admit marks a corner in the other line, and on these surveys the distance is marked eighteen…

1Opinion of the Court

Opinion by

Rice, P. J.,

The question involved in this case, as concisely stated by the appellant’s counsel, was the true location of a disputed line between the lands of plaintiff and defendant, and the precise point at which that line terminates. The question depended for its solution upon the conflicting testimony of witnesses, and, therefore, was for the jury. This is not controverted, the defendant’s sole complaint being of the manner in which it was submitted.

The first assignment of error includes only part of a sentence, the whole of which was as follows: “ The dispute here is about a…

2Cases cited3 opinions

  1. Commonwealth v. KaiserSupreme Court of Pennsylvania · 1898
  2. Ginder v. BachmanSuperior Court of Pennsylvania · 1898
  3. McNeile v. CridlandSuperior Court of Pennsylvania · 1898

3Cited by10 opinions

  1. Commonwealth v. HawkinsSuperior Court of Pennsylvania · 1982
  2. Commonwealth v. WassonSuperior Court of Pennsylvania · 1910
  3. Commonwealth v. WALKERSuperior Court of Pennsylvania · 1955
  4. Perigo v. DeeganSuperior Court of Pennsylvania · 1981
  5. Commonwealth v. PenroseSuperior Court of Pennsylvania · 1905

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