Olewine v. Messmore
Pennsylvania Court of Common Pleas, Fayette County
No. 261 January Term 1888, Sup. Ct.; court below, No. 816 March Term 1884, C. P. On -February 27, 1884, George R. Messmore and Albert G. Messmore, executors of the will of John Messmore, deceased, brought trespass quare clausum fregit against William J. Ole-wine and others, to recover damages for an entry by the defendants upon a certain tract of land containing fifteen acres, alleged to be tbe property of tbe plaintiffs, and for tbe cutting of timber and erecting of certain…
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No. 261 January Term 1888, Sup. Ct.; court below, No. 816 March Term 1884, C. P. On -February 27, 1884, George R. Messmore and Albert G. Messmore, executors of the will of John Messmore, deceased, brought trespass quare clausum fregit against William J. Ole-wine and others, to recover damages for an entry by the defendants upon a certain tract of land containing fifteen acres, alleged to be tbe property of tbe plaintiffs, and for tbe cutting of timber and erecting of certain buildings and structures tbereon. The plea upon which the defendants went to trial was liberum ten•ementum. At the…
1Opinion of the Court
*480Opinion,
Me. Justice Clark:
There is some evidence that the lands in dispute are embraced within the corrected boundaries of the John Lynch warrant, dated September 30, and surveyed December 2, 1815. The testimony as to the actual location of this survey is meagre, but there was perhaps sufficient to justify a submission to the jury, and the verdict is therefore conclusive upon that question. Besides, in the argument of counsel the fact appears to be conceded, and, as no question is made as to the sufficiency of the proof, we must assume that fact. The interference with the Joseph Gratz, an…
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