Stevens v. Hughes
Supreme Court of Pennsylvania
Error to the Common Pleas of Franhlin county. This was an action of trespass quare clausum freyit, brought by Thaddeus Stevens against John Holker Hughes and Napoleon Hughes, to recover damages for cutting timber upon the plaintiff’s land in Guilford and Green townships. The declaration described the close by metes and bounds. To this the defendants pleaded the general issue, two special pleas denying the title and possession of the plaintiff, and liberum tenementum.
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Error to the Common Pleas of Franhlin county. This was an action of trespass quare clausum freyit, brought by Thaddeus Stevens against John Holker Hughes and Napoleon Hughes, to recover damages for cutting timber upon the plaintiff’s land in Guilford and Green townships. The declaration described the close by metes and bounds. To this the defendants pleaded the general issue, two special pleas denying the title and possession of the plaintiff, and liberum tenementum. To this last plea, the plaintiff replied, by way of estoppel, a former recovery in another action of trespass, brought by…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
This was an action of trespass quare clausum fregerunt, in which the allegation was that the defendants had broken the close of the plaintiff, and had cut and carried away timber. The declaration described the close particularly by courses and distances, metes and bounds. The defendants pleaded the general issue, and tendered two special issues denying the title and possession of the plaintiff. They also pleaded liberum tenementum ; not as the common bar, for the plaintiff had declared with certainty, and rendered a novel assignment…
2Cases cited2 opinions
- Hamm v. MeisenhelterSupreme Court of Pennsylvania · 1840
- Kerr v. ChessSupreme Court of Pennsylvania · 1838
3Cited by7 opinions
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- McKnight v. BellSupreme Court of Pennsylvania · 1890
- Smith v. CretorsSupreme Court of Iowa · 1917
- Central Pennsylvania Lumber Co. v. BristolSupreme Court of Pennsylvania · 1915
- Humes v. KramerSupreme Court of Pennsylvania · 1926
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