Cooper v. Smith
Supreme Court of Pennsylvania
IN ERROR. brought an ejectment in the Common Pleas of Westmoreland county, against the plaintiffs in error, Robert Cooper and John Robb, to recover -a piece of land, bounded on the Youghiogany river, and included within the limits pf Smith’s survey.
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IN ERROR. brought an ejectment in the Common Pleas of Westmoreland county, against the plaintiffs in error, Robert Cooper and John Robb, to recover -a piece of land, bounded on the Youghiogany river, and included within the limits pf Smith’s survey. The writ was served upon Robb, who pleaded not.guilty, with leave to take a special defence; - and Cooper was admitted as a defendant, arid pleaded' “ not guilty, with leave to take a special defence,” and took defence ■“ for a ferry across the Youhio-gany river, where the great road from Somerset through Mount Pleasant suARobbstown to Washington,…
1Opinion of the Court
The opinion of the court was delivered by .
•DuNCAN, J.
The action of ejectment is one of possession; and it is no bar to a recovery that another possesses a right of way, or other easement, for the owner of the soil may maintain an ejectment for land over which a highway is laid out; because,, though the public have a right to pass over it, yet the freehold and all the profits belong to the owner, and he may use it in any way not inconsistent with the public right or easement. - Chester v. Alker, 1 Burr. 138. 145. Curtelyou v. Vanbrunt, 2 Johns. 357. Jackson v. Hathaway, 15 Johns, 447. The…
2Cases cited2 opinions
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- Bell v. GoughSupreme Court of New Jersey · 1852
- Warwick v. MayoSupreme Court of Virginia · 1860
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