Legal Opinion

Hess v. Sutton

Superior Court of Pennsylvania

Decided April 15, 1907No. Appeal, No. 28PublishedCited by 1 opinion

Appeal, No. 28, Jan. T., 1907, by plaintiff, from order of C. P. Luzerne Co., May T., 1905, No. 161, refusing to take off nonsuit in case of Hiram L. Hess v. Leo A. Sutton and William H. Freeman. Trespass to recover damages for cutting timber. Before Ferris, J. The facts are stated in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion bv

Henderson, J.,

The plaintiff’s action whs trespass for cutting timber. He claimed title under a deed containing the following description : “ Beginning at the northwest corner in Columbia county line, bounded on the north by unseated mountain land, on the east by land of Charles Wickham, thence on south and east by lands of Casper Bailey, thence again on south by lands of Casper Bailey, thence on west and south by land of William Seward, and west by line of Columbia county. Containing 116 acres of land, be the same more or less. Being part of larger tract of land surveyed in the…

2Cases cited2 opinions

  1. Wilkinson v. ConnellSupreme Court of Pennsylvania · 1893
  2. Whitney v. BackusSupreme Court of Pennsylvania · 1892

3Cited by1 opinion

  1. Weisfield v. BealeSuperior Court of Pennsylvania · 1910

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