Rifener v. Bowman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county. This was an action of trespass quare clausum fregit, by William Rifener against Adam Bowman, Henry Hilty and Adam D. Bowman. The pleas were “ Not guilty” and “ Liberum tenementum.”
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Error to the Court of Common Pleas of Westmoreland county. This was an action of trespass quare clausum fregit, by William Rifener against Adam Bowman, Henry Hilty and Adam D. Bowman. The pleas were “ Not guilty” and “ Liberum tenementum.” The contest was as to the ownership of ei^ht acres of land, which had not been cleared or fenced, of which John Kuhns claimed to be the owner, and which he had leased to Rifener, the plaintiff; the defendant entered on the land and cut timber, which was the trespass complained of. In 1813 Philip Kuhns was the owner of a tract of about 500 acres. Jacob Kuhns…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The subject of controversy was eight acres of unimproved woodland, which both parties claimed under deeds from Philip Kuhns, the former owner of a tract of nearly five hundred acres. Philip Kuhns undertook, in 1813, to divide the tract equally between his son, Jacob Kuhns, and his son-in-law, Adam Bowman, and for this purpose he employed James Murry, the deputy surveyor of the county, to run and mark the necessary lines. It would seem from the testimony delivered on the trial below, that Murry’s lines, as first run, did not make an…
2Cases cited2 opinions
- Withers v. AtkinsonSupreme Court of Pennsylvania · 1832
- Cowden v. StevensonOhio Supreme Court · 1832
3Cited by7 opinions
- Clauer v. ClauerSuperior Court of Pennsylvania · 1903
- Humes v. KramerSupreme Court of Pennsylvania · 1926
- Godding v. SwansonSuperior Court of Pennsylvania · 1953
- Consolidation Coal Co. v. FriedlineSuperior Court of Pennsylvania · 1938
- Darrah v. KadisonSuperior Court of Pennsylvania · 1912
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