Shoenberger v. Baker
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Indiana county. This was an action of trespass quare clausum fregit for digging and carrying away ore, brought by Elias Baker v. Peter Shoenberger, George S. King, and others. This suit was brought on the 30th June, 1847. It was tried before, and verdict was rendered for the defendants. See a report of the case in 6 Harris 138, &c., under the name of Baker v. King.
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Error, to the Court of Common Pleas of Indiana county. This was an action of trespass quare clausum fregit for digging and carrying away ore, brought by Elias Baker v. Peter Shoenberger, George S. King, and others. This suit was brought on the 30th June, 1847. It was tried before, and verdict was rendered for the defendants. See a report of the case in 6 Harris 138, &c., under the name of Baker v. King. Elias Baker, the plaintiff, exhibited a warrant to William D. McKiernan, dated 6th August, 1844, a survey in pursuance of it, dated 10th August and 13th and 14th September, 1844, for 59 acres…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
This case has some points of more than usual interest, which are presented in the charge of the Court below with great clearness and precision. But after considering it with much care, we have all reached the conclusion that we must reverse the judgment for a reason apparently not much thought of on the trial, and which, as it puts an end to the action, makes any reference to the other questions unnecessary.
The suit is trespass for digging ore on land to which both parties claim title. The plaintiff is the owner of a warrant to William I).…
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