Roe v. Wilbur
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehanna county: No. 6, to January Term 1868. This was an action of trespass quare clausum fregit, commenced March 19th 1866, by Jeremiah D. Wilbur against Henry H. Roe.
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Error to the Court of Common Pleas of Susquehanna county: No. 6, to January Term 1868. This was an action of trespass quare clausum fregit, commenced March 19th 1866, by Jeremiah D. Wilbur against Henry H. Roe. The plaintiff gave in evidence a warrant dated March 3d 1851, to Allen Gage, for 38 acres and 87 perches in Liberty township, adjoining amongst others N. Marvin on the east; — patent to Gage dated May 14th 1857, and deed to plaintiff dated April 12th 1854, for the tract surveyed under the warrant. He also gave evidence of the entry by the defendant on the tract, and cutting trees by…
1Opinion of the Court
The opinion of tho court was delivered, by
Agnew, J.
At the trial the defendant attempted to defeat the plaintiff’s action on the ground that he was in the actual possession of the locus in.quo. The judge denied the defence, stating that Marvin, under whom he claimed, had improved upon appropriated land, and that the woodland where the trespass was committed being vacant land of the Commonwealth, his possession could not be extended over it, by claiming to a certain boundary, and using the land for wood and making sugar. In argument here it was denied that Marvin was upon appropriated land ;…
2Cases cited1 opinion
- Overton v. GibsonSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Darrah v. KadisonSuperior Court of Pennsylvania · 1912