Bolinger v. Barnhardt
Superior Court of Pennsylvania
Appeal, Nov. 294, Oct. T., 1915, by plaintiff, from judgment of O. P. Huntingdon Co., Sept. T., 1912, No. 7, on verdict for plaintiff in case of S. S. Bolinger v. Nathan Earnhardt. Trespass quare clausum fregit for the unlawful cutting of timber.
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Appeal, Nov. 294, Oct. T., 1915, by plaintiff, from judgment of O. P. Huntingdon Co., Sept. T., 1912, No. 7, on verdict for plaintiff in case of S. S. Bolinger v. Nathan Earnhardt. Trespass quare clausum fregit for the unlawful cutting of timber. Before Woods, P. J. The facts are stated in the opinion of the Superior Court, At the trial the following offer was made: By Mr. Woods: I offer Continuance Docket “M” No. 2, page 238, being the record of the suit of Samuel Bolinger against Abraham Bolinger brought June 23,- 1880. I offer the record in evidence. By Mr. Beers: What is the purpose? By…
1Opinion of the Court
Per Curiam,
This was an action of trespass quare clausum fregit for cutting down and carrying away a number of trees. The- close was described in the plaintiff’s statement of claim by metes and bounds, and was further identified as being the southern part of a larger tract of la,nd surveyed under a warrant granted by the Commonwealth to James McMullen in 1794. The plea was not guilty. This appeal is from judgment on verdict in the defendant’s favor.
Possession has by law a qualified property attached to it, which is valid until a better right be shown; and one who is in actual possession of…
2Cases cited9 opinions
- Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905
- McKnight v. BellSupreme Court of Pennsylvania · 1890
- Wolf v. WolfSupreme Court of Pennsylvania · 1893
- Shade v. LlewellynSupreme Court of Pennsylvania · 1915
- Mellon v. ReedSupreme Court of Pennsylvania · 1887
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3Cited by3 opinions
- Ross v. Golden Et Ux.Superior Court of Pennsylvania · 1941
- McKnight v. McKnightSuperior Court of Pennsylvania · 1985
- Frailey Township School District v. Wetzel, Pennsylvania Court of Common Pleas, Schuylkill County1937