Irwin v. Patchen
Supreme Court of Pennsylvania
Appeal, No. 205, Jan. T., 1894, by defendants, from judgment of C. P. Clearfield Co., Sept. T., 1892, No. 858, on verdict for plaintiffs. Trespass to recover damages for alleged wrongful cutting of timber. Before Krebs, P. J. At the trial it appeared that, in 1864 or 1865, Aaron W. Patchen sold one hundred acres of land to William J. Kime, by a parol agreement without any reservation as to timber.
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Appeal, No. 205, Jan. T., 1894, by defendants, from judgment of C. P. Clearfield Co., Sept. T., 1892, No. 858, on verdict for plaintiffs. Trespass to recover damages for alleged wrongful cutting of timber. Before Krebs, P. J. At the trial it appeared that, in 1864 or 1865, Aaron W. Patchen sold one hundred acres of land to William J. Kime, by a parol agreement without any reservation as to timber. In 1865 or 1866 Kime, by parol agreement, sold the land to Jehu Gressly, reserving to himself all the oak, pine and hemlock timber. On Jan. 9, 1867, Gressley sold the northwest half of the lot of…
1Opinion of the Court
Opinion by
Mb. Justice Green,
' We think it very clear that the will of Mary A. Irwin did not work a conversion of the land therein described as situate in the borough of Burnside and containing about 43 acres. The clause of the will which devises this land is as follows: “ I own a piece of land in Borough of Burnside, as a deed in my possession will show, from Aaron W. Patchen and wife, containing about forty three (43) acres, bought on the 9th day of November, 1883. This piece of land I want disposed of as follows : the valuation of it when sold is to go to my brother Orin G. Irwin, and my…
2Cases cited9 opinions
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