Peck v. Ward
Supreme Court of Pennsylvania
Error to the Common Pleas of Franhlin county. This was an action of trespass quare clausum fregit, brought on 15 Dec. 1849 in the name of Jacob Peck and Eleanor, his wife, v. Aquilla Ward, sen., and Philip, and Aquilla Ward, jun. 19th August, 1851, verdict was rendered for defendants. On the trial it appeared that the trespass complained of was in cutting wood on a part of a piece of land, containing about 38 acres 116 perches.
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Error to the Common Pleas of Franhlin county. This was an action of trespass quare clausum fregit, brought on 15 Dec. 1849 in the name of Jacob Peck and Eleanor, his wife, v. Aquilla Ward, sen., and Philip, and Aquilla Ward, jun. 19th August, 1851, verdict was rendered for defendants. On the trial it appeared that the trespass complained of was in cutting wood on a part of a piece of land, containing about 38 acres 116 perches. The warrant for the land was taken out in the name of Mary Davis, afterwards the wife of Aquilla Ward, senior; but the purchase-money was paid by her father, Henry…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
It ought hardly to be considered necessary at this time of day to decide that a man who clears and encloses a piece of land over the line of his neighbor, and occupies it for twenty-one years, is entitled by that means alone to nothing but what he has under his feet. He may acquire title to the woodland beyond his enclosure, by using it uninterruptedly, claiming it as appurtenant to his cleared land, marking the lines, and paying taxes for it. But in the present case there was none of these acts. The utmost that can be said is that the…
2Cited by6 opinions
- Scaife v. McKeeSupreme Court of Pennsylvania · 1929
- Kerr v. ClementsSuperior Court of Pennsylvania · 1941
- Bingler v. BowmanSupreme Court of Pennsylvania · 1899
- Huffman v. HuffmanSupreme Court of Pennsylvania · 1888
- Hurst v. J. M. Griffin & Sons, Inc.Mississippi Supreme Court · 1950
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