Greber v. Kleckner
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. March 17, 18. — The declaration in this action was for a trespass, quare clausum fregit, to a close of plaintiff in Lehigh township; the parties were owners of adjoining tracts, and gave evidence of title to the locus in quo, which question depended on the correctness of the lines of surveys. The pleas were short, “non. cul.” and “lib. ten.,” on which issues were joined.
Read the full summary
Error to the Common Pleas of Northampton county. March 17, 18. — The declaration in this action was for a trespass, quare clausum fregit, to a close of plaintiff in Lehigh township; the parties were owners of adjoining tracts, and gave evidence of title to the locus in quo, which question depended on the correctness of the lines of surveys. The pleas were short, “non. cul.” and “lib. ten.,” on which issues were joined. The plaintiff proved he had never been in possession, but the land was occupied by his tenant. There was no evidence on the record of an agreement, such as is referred to in…
1Opinion of the CourtKennedy, J.
— (After stating the facts of the case, the proposition of plaintiff’s counsel, and the answer of the court.) It is not very easy to comprehend the meaning of the proposition, if it can be said to have any meaning at all. From its terms, I think it very clear, that no fixed or definite meaning can be attached to it, and it ought not, therefore, to have been answered as it rvas by the court, as *291it was calculated to mislead the jury. The testimony did not warrant any proposition of the kind, or one more favourable to the plaintiff below, than that, if he had leased the farm, whereon the…
2Cases cited1 opinion
- Torrence v. IrwinSupreme Court of Pennsylvania · 1797
3Cited by8 opinions
- Coastal Oil & Gas Corp. v. Garza Energy TrustTexas Supreme Court · 2008
- Griffin v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1917
- Morris v. KnightSuperior Court of Pennsylvania · 1900
- Phila. R. v. Alvord, Pennsylvania Court of Common Pleas, Chester County1889
- Coastal Oil & Gas Corp. v. Garza Energy TrustTexas Supreme Court · 2008
3 more not listed; retrieve them via the Exa API.