Hart v. Hill
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of the county of Delaware, to remove the record in an action of trespass quare clausum fregit, brought to November Term, 1832, by Mary Hart, against Jacob Hill. The plaintiff was the owner and possessor of four lots of land, situate in Tinicum township, Delaware county, lying on the margin of the river Delaware, containing altogether about twenty-four acres, and one hundred and thirty-two perches.
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This was a writ of error to the Court of Common Pleas of the county of Delaware, to remove the record in an action of trespass quare clausum fregit, brought to November Term, 1832, by Mary Hart, against Jacob Hill. The plaintiff was the owner and possessor of four lots of land, situate in Tinicum township, Delaware county, lying on the margin of the river Delaware, containing altogether about twenty-four acres, and one hundred and thirty-two perches. The title to these lots was acquired as follows: Christopher Taylor, by his will, dated the 8th day of December, 1748, proved the 24th of the…
1Opinion of the CourtHuston, J.
This case brings into the consideration of the court, a species of property, relating to which, we have not many decisions. Fisheries for shad and herring have, however, existed from a very early period; and though we have no act of Assembly expressly creating the right, yet we have acts regulating, and in some respects, restraining it, of an early date. All those acts relating to *132fisheries, seem to apply to fisheries for taking shad; or in the Delaware, perhaps, shad and herring. Ip fact, 1 do not know that the term fishery, either in any act of Assembly, or in common parlance in this state,…
2Cited by13 opinions
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Lincoln v. DavisMichigan Supreme Court · 1884
- Backus v. City of DetroitMichigan Supreme Court · 1882
- Griffith v. HolmanWashington Supreme Court · 1900
- Tinicum Fishing Co. v. CarterSupreme Court of Pennsylvania · 1869
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