Crest v. Jack
Supreme Court of Pennsylvania
ERROR to Armstrong county. This was an action of ejectment by Wilson Jack against Mary Crest, Thomas Blair and others, to recover the one undivided tenth part of a house and lots of ground in the borough of Kittaning. Samuel Jack and John Crest were the owners as tenants in common of the lots and house which were the subjects of controversy; Samuel Jack died intestate, and his estate descended to his four brothers and one sister, Matthew, Henry, William, Wilson and Mary.
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ERROR to Armstrong county. This was an action of ejectment by Wilson Jack against Mary Crest, Thomas Blair and others, to recover the one undivided tenth part of a house and lots of ground in the borough of Kittaning. Samuel Jack and John Crest were the owners as tenants in common of the lots and house which were the subjects of controversy; Samuel Jack died intestate, and his estate descended to his four brothers and one sister, Matthew, Henry, William, Wilson and Mary. Thomas Blair intermarried with a daughter of Mary,'who was the widow of John Crest, went into the possession of the lots,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
If a stranger enter on the land of another, and make improvements by erecting buildings, they become the property of the owner of the land. Were it not so, a person might gain a title by the commission of a trespass, and strip his neighbour of his estate, or subject him to compulsory expenses under the pretext of improving his property. The foundation of property consists in its being an exclusive right: other persons cannot impair its enjoyment, or impose burthens on it by intermeddling with it without the owner’s leave, or colour of legal…
2Cases cited3 opinions
- Alexander v. KerrSupreme Court of Pennsylvania · 1828
- Le Fevre v. Le FevreSupreme Court of Pennsylvania · 1818
- Werkheiser v. WerkheiserSupreme Court of Pennsylvania · 1832
3Cited by27 opinions
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- Staton v. BryantMississippi Supreme Court · 1877
- Cosgriff v. . FossNew York Court of Appeals · 1897
- Beaty v. BordwellSupreme Court of Pennsylvania · 1880
- Kimball v. AdamsWisconsin Supreme Court · 1881
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