Pattison's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Tioga county: In Equity: No. 124, to July Term 1868. On the 3d of January 1866, Charles Pattison filed a hill against C. C. B. Walker, Austin Lathrop, Jr., and Nelson Somers.
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Appeal from the decree of the Court of Common Pleas of Tioga county: In Equity: No. 124, to July Term 1868. On the 3d of January 1866, Charles Pattison filed a hill against C. C. B. Walker, Austin Lathrop, Jr., and Nelson Somers. The hill set out, that about the first of March 1850, Silas Billings contracted to sell and convey to Andrews & Langdon all the white and Norway pine and oak timber suitable for sawing and manufacturing into lumber, which was then standing, lying or being on a piece of land situate in the county of Tioga, Pennsylvania, which lies, &c., and extending to the state line…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, .by
Thompson, C. J.
It would strike the unprofessional mind in *297this state with scarcely less surprise than it would the professional, if it were announced that the growing timber on a man’s land might be held by a contract in parol, against everybody, whilst the soil itself could only be legally transmitted by an instrument of writing; that what we have been accustomed to consider an integrant part of the freehold, the growing timber, might be sold and transmitted with no more solemnity than a pile of boards at a saw-mill, or bushels of…
2Cases cited1 opinion
- Post v. AverySupreme Court of Pennsylvania · 1843
3Cited by14 opinions
- Edgcomb v. CloughSupreme Court of Pennsylvania · 1922
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Havens v. PearsonSupreme Court of Pennsylvania · 1939
- Mahan v. ClarkSupreme Court of Pennsylvania · 1908
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