Cross v. Tyrone M. & M. Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE CENTRE COUNTY. No. 60 July Term 1887, Sup. Ct.; court below, No. 28 April Term 1884, C. P. On February 7, 1884, an action of ejectment was brought by J. R. Lowrie, trustee, by subsequent substitution, of the Tyrone Mining & Manufacturing Co., against James S. Cross, for a portion of a tract of land in Halfmoon township surveyed in the warrantee name of Richard Whitehead.
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ERROR TO THE COURT OE COMMON PLEAS OE CENTRE COUNTY. No. 60 July Term 1887, Sup. Ct.; court below, No. 28 April Term 1884, C. P. On February 7, 1884, an action of ejectment was brought by J. R. Lowrie, trustee, by subsequent substitution, of the Tyrone Mining & Manufacturing Co., against James S. Cross, for a portion of a tract of land in Halfmoon township surveyed in the warrantee name of Richard Whitehead. The controversy is illustrated by the following sketch: The facts as they appeared at the trial on February 1, 1887, before Cummin, P. J. 29th judicial district, holding special term, are…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
This action was brought to recover that part of the land surveyed in the name of Richard Whitehead, which lies “ west of *398the part, leased to the Juniata Mining Co., bounded,” etc. The defence was that the Richard Whitehead survey did not cover the land in controversy. The true location of the Whitehead was therefore the real point in dispute. There seems to be no difference of opinion about the fact that the survey of the Whitehead was a chamber survey, no marked trees or natural monuments being called for in the official return, or found upon the ground. The…
2Cited by3 opinions
- L. A. Shakman & Co. v. PotterSupreme Court of Iowa · 1896
- Ayers v. HuddlestonIndiana Court of Appeals · 1903
- Tyrone M. & M. Co. v. Cross, Pennsylvania Court of Common Pleas, Centre County1889