Holcomb v. Roberts
Supreme Court of Pennsylvania
Error to the Court of Common. Pleas of Warren county: No. 89, to January Term 1868. In the court below, Kate B. Roberts, administratrix, &c., of J. L. Roberts, deceased, brought an action of assumpsit against Sterling Holcomb, Jr. The writ was issued May 12th 1866. In the spring of 1863, Roberts, the decedent, bought of Holcomb “the oak timber on lot No. 135, in Pittsfield township,” and paid for it.
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Error to the Court of Common. Pleas of Warren county: No. 89, to January Term 1868. In the court below, Kate B. Roberts, administratrix, &c., of J. L. Roberts, deceased, brought an action of assumpsit against Sterling Holcomb, Jr. The writ was issued May 12th 1866. In the spring of 1863, Roberts, the decedent, bought of Holcomb “the oak timber on lot No. 135, in Pittsfield township,” and paid for it. There was evidence that Holcomb, before the purchase by Roberts, owned a saw-mill and water-power on the lot. One Shattuck, who owned a timber-lot near, by agreement with Holcomb put stave-sawing…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The plaintiff’s intestate purchased from the defendant the oak timber on lot No. 135, in Pittsfield township, and paid him for it. In the spring of 1864, P. J. Taft, as the agent and by the authority of Kate B. Roberts, the widow of J. L. Roberts, the intestate, cut and made a considerable quantity of staves, without objection by the defendant. But when he commenced to haul them to Roberts’s mill, at Pittsfield, he was forbidden, and finally arrested on a capias in trespass, issued by defendant; and this prevented him from removing the staves.
L…
2Cases cited2 opinions
- Rockwell v. SaundersNew York Supreme Court · 1854
- Leber v. KauffeltSupreme Court of Pennsylvania · 1843
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