Miller v. Zufall
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county : Of January Term, 1886, No. 68. This was an action in trespass quare clausum fregib, brought by Jacob P. Miller against William H. Zufall for entering upon a tract of land, cutting and removing timber.
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Error to the Court of Common Pleas of Somerset county : Of January Term, 1886, No. 68. This was an action in trespass quare clausum fregib, brought by Jacob P. Miller against William H. Zufall for entering upon a tract of land, cutting and removing timber. The following are the facts of the case as they appeared on tiie trial before Baer, P. J.: Dr. C. J. Stutzman was the owner of a tract of unseated land situate in Elk Lick and Greenville townships, Somerset county, containing 410 acres, commonly called the “ Saddle Bags” tract. In 1882, Zufall, the defendant, was engaged in the lumber…
1Opinion of the CourtChief Justice Mercer
This was an action of trespass to recover damages for the cutting of timber by the defendant on a tract of unseated *323land, which the plaintiff by agreement in writing purchased of Dr. Stutzman on the 16th May, 1883. On the trial it was agreed that the defendant had cut timber on the land to the value of $100, between the day of the written agreement and the commencement of this suit, and if. the plaintiff was entitled to a verdict it should be for one hundred dollars.
Dr. Stutzman held the undoubted legal title to the land, when by agreement under seal he sold the same to the plaintiff, in…
2Cases cited2 opinions
- Morrison v. WurtzSupreme Court of Pennsylvania · 1838
- Stephens's AppealSupreme Court of Pennsylvania · 1844
3Cited by23 opinions
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- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Foster Lumber Co. v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1908
- Russell v. MeyerNorth Dakota Supreme Court · 1898
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