Legal Opinion · Dissent

Marcy v. Gardinier

Supreme Court of Pennsylvania

Decided July 15, 1838Published

ERROR to the common pleas of Susquehannah county. John Marcy against Andrew Gardinier. This was an action of trespass for cutting timber, which involved the question as to the title to a tract of land. The points decided and the facts are distinctly stated in the opinion of the court.

1Dissent

Huston, J. dissenting.

These cases were, by consent, tried together in the court below, and verdicts for defendants; and were argued together here.

These cases were before this court on a former occasion; but, as often happens, the arguments were more full, and the points on *252which the cause turned different from what they were on the former hearing.

It will be necessary to state the case minutely.

E. Stevens proved that, forty-nine years ago last May, Reuben Collar lived on the land, raised grain, and had a cabin where Marcy now lives, and after some years sold to Streak, who enlarged the…

2Cases cited8 opinions

  1. Jackson v. ShearmanNew York Supreme Court · 1810
  2. Jackson v. CaryNew York Supreme Court · 1819
  3. Jackson ex dem. Livingston v. KisselbrackNew York Supreme Court · 1813
  4. Hepburn v. CasselSupreme Court of Pennsylvania · 1820
  5. Albright v. lessee of M'GinnisSupreme Court of Pennsylvania · 1799

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