Commonwealth v. Bierly
Superior Court of Pennsylvania
Appeal, No. 15, March T., 1908, by plaintiff, from judgment ofC. P. Snyder Co., Dec. T., 1906, No. 34, on verdict for defendant in case of Commonwealth v. A. S. Bierly. Amicable action in trespass to recover damages for the cutting of timber trees. Before McClure, J. The facts of the case are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in refusing binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Head, J.,
This amicable action, of trespass was begun, nominally, to recover damages for the cutting of a- few timber trees, but really to test the title to the tract of land upon which they grew.
As early as 1794 eight warrants issued out of the land office, for as many separate tracts of land 'situate chiefly in Snyder county. Each tract contained about 400 acres. They were regular in shape and surveyed in two tiers of four tracts each, the one tier lying immediately north of and adjoining the other. Each warrant was followed by a patent. By many mesne conveyances not necessary to…
2Cases cited8 opinions
- Jackson ex dem. M'Crackin v. WrightNew York Supreme Court · 1817
- Jackson ex dem. Thurman v. BradfordNew York Supreme Court · 1830
- Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
- Sorber v. WillingSupreme Court of Pennsylvania · 1840
- Hoffman v. BellSupreme Court of Pennsylvania · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Reed v. WolyniecSupreme Court of Pennsylvania · 1983
- Smith v. PetermanSuperior Court of Pennsylvania · 1978
- Schlagel v. LombardiSupreme Court of Pennsylvania · 1984
- James v. BreamSupreme Court of Pennsylvania · 1919
- Pistner Bros., Inc. v. AgheliSupreme Court of Pennsylvania · 1986
8 more not listed; retrieve them via the Exa API.