Stultz v. Dickey
Supreme Court of Pennsylvania
THIS was an action of trespass quare clausum fregit against Dickey, for breaking and entering the plaintiff’s close, and cutting and carrying away sixty-nine acres of rye, and twenty-four acres of wheat there growing, of the value of 659 dollars. It was tried under the general issue before the late Mr. Justice Smith at a Circuit Court holden for Franklin, in April 1808; and it was upon an appeal from his that the cause came before this Court.
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THIS was an action of trespass quare clausum fregit against Dickey, for breaking and entering the plaintiff’s close, and cutting and carrying away sixty-nine acres of rye, and twenty-four acres of wheat there growing, of the value of 659 dollars. It was tried under the general issue before the late Mr. Justice Smith at a Circuit Court holden for Franklin, in April 1808; and it was upon an appeal from his that the cause came before this Court. Upon the trial of the cause, the plaintiff proved, that on the 3d of October 1798, he obtained from Robert Stockton an assignment of a lease by Robert…
1Opinion of the Court
Tilghman C. J.
after stating the facts, proceeded to say; On the trial, several points of law arose which were decided by Judge Smith, before whom the trial was had, but reserved for the opinion of this Court.
1. The defendant’s counsel objected to the admission of evidence to prove the custom of Pennsylvania by which the tenant was intitled to the “ way going crop,” that is the crop of grain sown by the tenant during the lease and coming to maturity after its expiration.
2. It was contended on the part of the defendant, that the action of trespass quare clausum fregit, did not lie, even if the…
2Cases cited2 opinions
- Carson v. BlazerSupreme Court of Pennsylvania · 1810
- Foote v. ColvinNew York Supreme Court · 1808
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- Reeder v. . SayreNew York Court of Appeals · 1877
- Helme v. Philadelphia Life InsuranceSupreme Court of Pennsylvania · 1869
- Lorah ex rel. Evans v. NissleySupreme Court of Pennsylvania · 1893
- Myers v. WhiteSupreme Court of Pennsylvania · 1829
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