Baring v. Peirce
Supreme Court of Pennsylvania
WRIT of error to the Common Pleas of Tioga county. Alexander Baring and others, trustees of the estate of William Bingham, against Cromwell Peirce and others. This was an action of trespass quare clausum fregit for entering upon the land of the plaintiffs and cutting and carrying away timber. The defendants pleaded not guilty and liberum tenementum: to which the plaintiffs made a novel assignment describing the locus in quo.
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WRIT of error to the Common Pleas of Tioga county. Alexander Baring and others, trustees of the estate of William Bingham, against Cromwell Peirce and others. This was an action of trespass quare clausum fregit for entering upon the land of the plaintiffs and cutting and carrying away timber. The defendants pleaded not guilty and liberum tenementum: to which the plaintiffs made a novel assignment describing the locus in quo. That the original title to the land was in the plaintiffs, and the timber was cut by the defendants upon it, were not subjects of dispute; but the defendants predicated…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The defendants having no deed or writing for the land in dispute, seek to take it out of the purview of the Act against frauds and perjuries, by alleging a parol contract with the plaintiffs’ agent, M’Dougal, and the part performance of it by the delivery and taking possession of the land in pursuance of such contract. To this, the plaintiffs object the want of authority in M’Dougal to make such a parol contract, and this raises the first question in the case, whether any such authority existed. No other authority to M’Dougal is produced,…
2Cases cited1 opinion
- Wright v. GuierSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Malone v. PhiladelphiaSupreme Court of Pennsylvania · 1892
- Briggs v. LargeSupreme Court of Pennsylvania · 1858
- Hartley v. SpencerSuperior Court of Pennsylvania · 1921
- Kossell v. RhoadesSupreme Court of Pennsylvania · 1922
- Hackney v. Alleghany County Mutual InsuranceSupreme Court of Pennsylvania · 1846