Hecker v. Sterling
Supreme Court of Pennsylvania
Error to the Common Pleas of Somerset county. ■ This was an ejectment brought by Mark Sterling, James R. Hendrickson, William B. Curry, and William Larimer, Jr., against Henry Hecker, for a tract of 400 acres of land in Lower Turkey-foot township, Somerset county. Isaac Hugus was subsequently added as a party defendant.
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Error to the Common Pleas of Somerset county. ■ This was an ejectment brought by Mark Sterling, James R. Hendrickson, William B. Curry, and William Larimer, Jr., against Henry Hecker, for a tract of 400 acres of land in Lower Turkey-foot township, Somerset county. Isaac Hugus was subsequently added as a party defendant. The plaintiffs claimed title under various sales by the sheriff and treasurer of Fayette county; the defendants by adverse possession ; they also alleged that the land lay in Somerset county, and consequently, that no title passed by the sales which constituted the plaintiffs’…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The objection to the charge of the court is, that it does not define the line “ along the ridge of the said hill” as meaning, along its crest or highest part; and that it left the location of the county line to the jury. But however the court might have defined the line, we do not see how they could have avoided leaving to the jury the application of the definition to the ground. The definition of county lines is of course matter of public law, and as such must be interpreted by the court; but the jury alone can find the facts that give it…
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