Creps v. Dunham
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county: No. 76, of October and November Term 1871. This was an action of trespass d. b. a., brought April 16th 1868, by Azariah Dunham against Jacob Creps, late sheriff of Indiana county, for levying on and selling a large number of staves under an execution against Thomas P. Hatch; the plaintiff alleging that the staves were his property.
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Error to the Court of Common Pleas of Indiana county: No. 76, of October and November Term 1871. This was an action of trespass d. b. a., brought April 16th 1868, by Azariah Dunham against Jacob Creps, late sheriff of Indiana county, for levying on and selling a large number of staves under an execution against Thomas P. Hatch; the plaintiff alleging that the staves were his property. After filing the declaration, the plaintiff entered a rule of reference on the 7th of February 1869, and on the 3d of March the attorneys of the parties chose arbitrators. The record shows the service of the…
1Opinion of the Court
The opinion of the court was delivered, November 6th 1871, by
Sharswood, J.
This case has some appearance of complication and difficulty, as presented by the record and paper-books, but if' we exclude from it all extraneous and immaterial facts, that com*460plication and difficulty will vanish. It may be thus stated: Hatch had made a contract with a number of landowners for what is termed “ timber-leavethat is, that he should have the right to cut timber on their land and manufacture it into staves, he paying a certain sum per thousand for the timber of the staves so manufactured ; but the staves…
2Cases cited1 opinion
- Fitler v. ShotwellSupreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Kitchen v. McCloskeySupreme Court of Pennsylvania · 1892