Legal Opinion

Bennett v. Fulmer

Supreme Court of Pennsylvania

Decided March 13, 1865PublishedCited by 10 opinions

Error to the Common Pleas of Lycoming county. This was an action of trespass quare clausum, fregit by Moses Bennett and Isabella his wife, in right of said Isabella, against Daniel Fulmer and others.

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Error to the Common Pleas of Lycoming county. This was an action of trespass quare clausum, fregit by Moses Bennett and Isabella his wife, in right of said Isabella, against Daniel Fulmer and others. On the trial the plaintiffs proved possession of the property by Alexander Cavan and wife for a period of fifty years, and until their death; that their daughter Isabella and her sisters continued to live on the property until she was married to Mr., Bennett; that the tract contained about three and a half acres, and was cut out of the farm Robert Martin; that a Mr. Berger-stock had leased it…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, J.

It is said, in the history of this case, by the plaintiffs in error, that “more than half a century ago Robert Martin owned the land now in controversy as a part-of a larger tract, and having a daughter intermarried with Alexander Cavan, gave it to his son-in-law and daughter as a home for' them and their children; that they immediately thereafter built upon it, and otherwise improved and lived upon it until their deaths, some ten or eleven years before the trial of this suit.” From the testimony we learn that, in July 18th 1835, Alexander…

2Cases cited3 opinions

  1. Case of Miller's EstateSupreme Court of Pennsylvania · 1832
  2. Haines v. O'ConnerSupreme Court of Pennsylvania · 1840
  3. Hunt v. DevlingSupreme Court of Pennsylvania · 1839

3Cited by10 opinions

  1. Bobereski, Adm. v. Ins. Co. of Pa.Superior Court of Pennsylvania · 1932
  2. Wilson v. WilsonSuperior Court of Pennsylvania · 1930
  3. Estate of Edward D. GartnerSuperior Court of Pennsylvania · 1928
  4. Wingrove v. Central Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1912
  5. Commonwealth v. ColacinoSuperior Court of Pennsylvania · 1926

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