Legal Opinion

Collum v. Andrews

Supreme Court of Pennsylvania

Decided September 15, 1837PublishedCited by 3 opinions

ERROR to the common pleas of Crawford comity. Robert Andrews against John Collum. Trespass. Plaintiff declares, “for that, whereas, heretofore, to wit, on the 1st day of April 1834, and at divers times, between the bringing of this suit and the day aforesaid, with force and arms, &c., at the county aforesaid, he, the said John, the close of him, the said Robert, did break and broke down and prostrated the rails and fences of him, the said Robert, then and there lately…

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ERROR to the common pleas of Crawford comity. Robert Andrews against John Collum. Trespass. Plaintiff declares, “for that, whereas, heretofore, to wit, on the 1st day of April 1834, and at divers times, between the bringing of this suit and the day aforesaid, with force and arms, &c., at the county aforesaid, he, the said John, the close of him, the said Robert, did break and broke down and prostrated the rails and fences of him, the said Robert, then and there lately entered, &c., &c.” Plea, liberum tenementum. The defendant made the following points, upon which he requested the court to…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

'The case in Dyer, 23 b, seems to be contradicted by the authorities, and the rule is laid down by Mr Chitty, 1 Chit. Pl. 606, that in trespass to real property, if the declaration does not state the name or abuttals of the close, &c., with such precision as to avoid the possibility of the defendant’s having a close, &c., in the same parish of a similar description, and the defendant has pleaded liberum tenemenlum, without describing the close, the plaintiff should new assign and not take issue on the plea. In the present case, however, the…

2Cases cited1 opinion

  1. Sauerman v. WeckerlySupreme Court of Pennsylvania · 1827

3Cited by3 opinions

  1. Gear v. ShawWisconsin Supreme Court · 1846
  2. Lewisburg, Centre & Spruce Creek Railroad v. SteesSupreme Court of Pennsylvania · 1875
  3. Long v. LongSupreme Court of Pennsylvania · 1846

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