Craft v. Yeaney
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county: No 1, to October and November Term 1870. This was an action of trespass q. c. f., commenced August 24th 1866, by Daniel Yeaney and F. D. Campbell, against David Craft and others, for cutting timber on the south-east corner of tract 4019, warranted in the name of John Nicholson.
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Error to the Common Pleas of Jefferson county: No 1, to October and November Term 1870. This was an action of trespass q. c. f., commenced August 24th 1866, by Daniel Yeaney and F. D. Campbell, against David Craft and others, for cutting timber on the south-east corner of tract 4019, warranted in the name of John Nicholson. The cause was tried September 15th 1869, before Campbell, P. J. Elijah Heath became the owner of the tract in 1837 ; shortly afterwards he sold a portion off the west end of the tract to one Thresher. He subsequently divided the remainder of the tract into six lots by a…
1Opinion of the Court
The opinion of the court was delivered, November 7th 1870, by
Thompson, C. J.
— The subject-matter of the 1st assignment of error on this record, has long been settled in this Commonwealth, and is not now an open question, namely: that calls in a deed are always liable to be controlled by lines on the ground. I regard this as a rule well nigh, if not entirely, without exception : Younkin v. Cowan, 10 Casey 198; Bellas v. Cleaver, 4 Wright 260; Boynton v. Urian, 5 P. E. Smith T42; Darrah & Carrier v. Bryant, 6 Id. 69, and' Brolaskey v. McLain, 11 Id. 146. These are recent cases, and at hand, but…
2Cited by7 opinions
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- Carroll v. MinerSuperior Court of Pennsylvania · 1896
- Rozelle v. LewisSuperior Court of Pennsylvania · 1908
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