Tyrone M. & M. Co. v. Cross
Pennsylvania Court of Common Pleas, Centre County
No. 398 January Term 1889, Sup. Ct.; court below, No. 28 April Term 1889, C. P. On February'7, 1884, an action of ejectment was brought by J. R. Lowrie, trustee, and. by subsequent substitution the Tyrone Mining & Manufacturing Co., against James S. Cross, for a parcel of land in Halfmoon township claimed by the plaintiff to be a portion of a tract surveyed in the nailte of Richard Whitehead, an outline of which appears in the report of a former trial: Cross v. Tyrone M. &…
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No. 398 January Term 1889, Sup. Ct.; court below, No. 28 April Term 1889, C. P. On February'7, 1884, an action of ejectment was brought by J. R. Lowrie, trustee, and. by subsequent substitution the Tyrone Mining & Manufacturing Co., against James S. Cross, for a parcel of land in Halfmoon township claimed by the plaintiff to be a portion of a tract surveyed in the nailte of Richard Whitehead, an outline of which appears in the report of a former trial: Cross v. Tyrone M. & M. Co., 121 Pa. 387. At the second trial of the case, on December 5, 1888, it appeared that the Whitehead survey was made…
1Opinion of the Court
Opinion,
Mb. Justice Williams :
This case was before us last year, and may be found reported in 121 Pa. 387. We are not asked to reconsider or qualify anything then said, but to consider questions raised on the last trial.
The land in controversy is claimed by the company plaintiff as part of a survey made in 1785, in the warrantee name of Richard Whitehead, now owned by it. The defendant is in under a recent warrant and survey, and insists that the true location of the Whitehead does not include this land. The location of the Whitehead is therefore conclusive of the rights of the parties. It…
2Cases cited3 opinions
- Sweigart v. RichardsSupreme Court of Pennsylvania · 1848
- Bellas v. CleaverSupreme Court of Pennsylvania · 1861
- Cross v. Tyrone M. & M. Co.Supreme Court of Pennsylvania · 1888
3Cited by1 opinion
- Fisher v. KaufmanSupreme Court of Pennsylvania · 1895