Huston v. Wickersham
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Washington county. William Wickersham, trustee of Mary Chess, against Cyrus Huston. This was an action of trespass, in which the plaintiff charged the defendant in his declaration with entering into his land on the 1st of June 1837, and remaining in possession until the 13th of October 1839, and during that time taking the rents and profits.
Read the full summary
ERROR to the Common Pleas of Washington county. William Wickersham, trustee of Mary Chess, against Cyrus Huston. This was an action of trespass, in which the plaintiff charged the defendant in his declaration with entering into his land on the 1st of June 1837, and remaining in possession until the 13th of October 1839, and during that time taking the rents and profits. The second count charged the defendant with breaking and entering the same close, and cutting and carrying away timber trees, and digging and carrying away coal. The defendant pleaded not guilty, and, by leave of the court, to…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
This, in the court below, was an action of trespass for mesne profits from a tract of land which William Wickersham, as trustee of Mary Chess, had recovered in ejectment in the same court.
The statement of the case on our paper book is far from being a lucid exposition of what took place at the trial.
The declaration originally contained two counts: to the last of which defendant pleaded liberum tenementum. This count, and of course this plea, was struck out; it does not appear nor was it clearly stated in argument, for what reason.
The…
2Cases cited5 opinions
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- Murray v. GouverneurNew York Supreme Court · 1800
- Hare v. FurySupreme Court of Pennsylvania · 1800
- Lloyd v. NourseSupreme Court of Pennsylvania · 1829
- Osbourn v. OsbournSupreme Court of Pennsylvania · 1824
3Cited by11 opinions
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Kille v. EgeSupreme Court of Pennsylvania · 1876
- Morrison v. RobinsonSupreme Court of Pennsylvania · 1858
- Gas-Light Co. v. Rome, W. & O. RailroadNew York Supreme Court · 1889
- Sopp v. WinpennySupreme Court of Pennsylvania · 1871
6 more not listed; retrieve them via the Exa API.