Bennett v. Vinton Lumber Co.
Superior Court of Pennsylvania
Appeal, No. 214, April T., 1905, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1908, No. 214, on verdict for plaintiff in case of A. A. Bennett v. The Yinton Lumber Company, Limited. Trespass to recover damages for the wrongful cutting of timber.
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Appeal, No. 214, April T., 1905, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1908, No. 214, on verdict for plaintiff in case of A. A. Bennett v. The Yinton Lumber Company, Limited. Trespass to recover damages for the wrongful cutting of timber. Before O’Connor, J. Defendant presented the following points: 1. That the defendant’s title to any and all timber standing on this land which it claimed title to by virtue of the contract made between A. A. Bennett, the plaintiff, and V. S. Barker et ah, dated December 29, 1897, and recorded in deed book vol. 116, page 53, and…
1Opinion of the Court
Opinion by
Orlady, J.,
By an article of agreement dated December 29, 1897, A. A. Bennett granted, bargained and sold “ all the hemlock timber standing and lying on ” about 100 acres of land in Cambria county to Barker Brothers, together with, to quote from the writing: “ the right of ingress, egress and regress into and upon the described premises, for the purpose of cutting and removing said timber; and further the said party of the first part doth covenant and agree to guarantee the title to the said timber and to protect the parties of the second part 'in the exercise of all the rights and…
2Cases cited21 opinions
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
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- Bear v. WhislerSupreme Court of Pennsylvania · 1838
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3Cited by8 opinions
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