Legal Opinion

Torrence v. Irwin

Supreme Court of Pennsylvania

Decided April 15, 1797PublishedCited by 2 opinions

Trespass for breaking and entering the plaintiff’s close, and cutting down and carrying away certain trees. Pleas, non cut, et liberum, tenementum. The plaintiff became entitled to certain lands in Peters township, under a conveyance, dated 22d March 1777. In 1788, he leased the same to Joseph Grubb, for two years under certain rents, but the lessee was restricted from cutting green timber.

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Trespass for breaking and entering the plaintiff’s close, and cutting down and carrying away certain trees. Pleas, non cut, et liberum, tenementum. The plaintiff became entitled to certain lands in Peters township, under a conveyance, dated 22d March 1777. In 1788, he leased the same to Joseph Grubb, for two years under certain rents, but the lessee was restricted from cutting green timber. The lease was continued down from that time to the present by successive written agreements, and Grubb was in possession, when the trespass was committed, and still continues in possession. It was…

1Opinion of the Court

■By the court.

This species of action is founded on possession, 4 Term Rep. 490 ; and the plaintiff at the time of the commission of the trespass, must either have an actual or constructive possession. 1 Term Rep. 480. Though it has been held, that where the owner of lands contracts with others for the sowing it &c. on the halves, he only can have clausum fregit, Cro. El. 144, 1 Leon. 315, Goulds. 77, 3 Leon. 213, 2 Tri. per Pais. 545, yet wre know of no case wherein the landlord having leased to another paying rent, and parted with the possession entirely, can support trespass. Vide 3 Lev.…

2Cited by2 opinions

  1. Case v. ShepherdNew York Supreme Court · 1800
  2. Greber v. KlecknerSupreme Court of Pennsylvania · 1845

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