Wilson v. Watterson
Supreme Court of Pennsylvania
In error from the .Common Pleas of Jefférson county. , Oct. 15. Trespasser flooding-the land of the plaintiff by means of á mill-dam.- The plaintiff showed title to the locus in quo by a warrant to R. Morris, in 17-93, on which a survey was made in October, ■ 1831, assessments of taxes in 1836-7, and a treasurer’s deed in 1838, together with conveyances from those claiming under the devisees of R. Morris.
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In error from the .Common Pleas of Jefférson county. , Oct. 15. Trespasser flooding-the land of the plaintiff by means of á mill-dam.- The plaintiff showed title to the locus in quo by a warrant to R. Morris, in 17-93, on which a survey was made in October, ■ 1831, assessments of taxes in 1836-7, and a treasurer’s deed in 1838, together with conveyances from those claiming under the devisees of R. Morris. He then proved'that tlie dam erected on the defendant’s land backed the water on the tract‘included in the survey. The defendants claimed title-by a recorded conveyance from William Townly…
1Opinion of the CourtCoulter, J.
The first error assigned is, that the court erred in their answer to the second point of the plaintiff below, who is the plaintiff in error. That point is in the following words: “ Though the jury should believe from the evidence, that William Townly did settle on the vacancy at Spring Creek, before the date of plaintiff’s survey,:yet, if he failed to make it his place of abode, and, either from inclination or any other peculiarity in his circumstances, was absent from his place one-half of his time or more during the time of his alleged settlement before the date of plaintiff’s survey, he…
2Cases cited3 opinions
- Harbeson v. JackSupreme Court of Pennsylvania · 1833
- Goodman v. LoseySupreme Court of Pennsylvania · 1842
- Forster v. M'DivitSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Hathaway v. HemingwaySupreme Court of Connecticut · 1850
- McClements v. DowneySuperior Court of Pennsylvania · 1896