Winning v. Frantz
Superior Court of Pennsylvania
Appeal, No. 265, Oct. T., 1916, by plaintiff, from judgment of O. P. Centre Co., Sept. T., 1914, No. 53, on verdict for defendant in case of Wilbur H. Winning v. Wilson G. Frantz et al. Trespass for the alleged illegal cutting of timber. Before Quigley, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiff appealed. Errors assigned were various instructions.
1Opinion of the Court
Opinion by
Porter, J.,
This is an action of trespass for cutting timber upon' land alleged to be the property of the plaintiff. There was a verdict and judgment in the court below in favor of the defendants and the plaintiff appeals. The controversy involved the rights of the parties under conflicting *594warrants, returns of survey and patents. A warrant was issued by the Commonwealth to Abednego Laird, one of the defendants, on July 17,1905, and was directed to David W. Pletrcher, the then county surveyor of Centre County, who went upon the ground and surveyed it on the 25th day of April, 1907,…
2Cases cited5 opinions
- Robeson v. GibbonsSupreme Court of Pennsylvania · 1829
- Fisher v. KaufmanSupreme Court of Pennsylvania · 1895
- Keller v. Powell, Pennsylvania Court of Common Pleas, Luzerne County1891
- Mineral Railroad & Mining Co. v. AutenSupreme Court of Pennsylvania · 1898
- Midland Mining Co. v. Lehigh V. Coal Co., Pennsylvania Court of Common Pleas, Centre County1890