Trexler v. Africa
Superior Court of Pennsylvania
Appeal, No. 139, Oct. T., 1906, by plaintiffs, from judgment of O. P. Huntingdon Co., Sept. T., 1903, No. 33, on verdict for defendants in case of Jacob F. Trexler and John L. Trexler v. J. Murray Africa and John Edelblute. Trespass to recover damages' for injuries to land. The opinion of the Superior Court states the case.
Read the full summary
Appeal, No. 139, Oct. T., 1906, by plaintiffs, from judgment of O. P. Huntingdon Co., Sept. T., 1903, No. 33, on verdict for defendants in case of Jacob F. Trexler and John L. Trexler v. J. Murray Africa and John Edelblute. Trespass to recover damages' for injuries to land. The opinion of the Superior Court states the case. When the plaintiff was on the stand the following offer was made: Mr. Waite: I propose to show that the witness did not know that the John Patton tract had been sold on June 13, 1898, until more than two years thereafter, when it was too late to redeem it, for the purpose…
1Opinion of the Court
Opinion by
Mobbison, J.,
This is an action of trespass brought for the recovery of damages for an unlawful entry, as alleged by the plaintiffs, upon a tract of unseated land owned by them in Walker township, Huntingdon county, and carrying away therefrom a quantity of sand. The land was not in the actual possession of either of the parties, but it is the settled law in Pennsylvania *402that title to unseated land carries with it a sufficient right of possession to enable the owner to sustain an action of trespass.
This case was tried once before and the court directed a verdict for defendants, and…
2Cases cited15 opinions
- Reel v. ElderSupreme Court of Pennsylvania · 1869
- Pottsville Lumber Co. v. WellsSupreme Court of Pennsylvania · 1893
- Lautner v. KannSupreme Court of Pennsylvania · 1898
- McReynolds v. LongenbergerSupreme Court of Pennsylvania · 1868
- Dinan v. Supreme Council of Catholic Mutual Benefit Ass'nSupreme Court of Pennsylvania · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cornwall Mountain Investments, L.P. v. Thomas E. Proctor Heirs TrustSuperior Court of Pennsylvania · 2017
- Haller v. HallerSuperior Court of Pennsylvania · 1911
- Trexler v. AfricaSuperior Court of Pennsylvania · 1910
- Swavely v. EnoSuperior Court of Pennsylvania · 1913
- City of Williamsport v. Citizens Electric Co.Superior Court of Pennsylvania · 1919
4 more not listed; retrieve them via the Exa API.