Bowen v. Cooper
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. Abner Bowen against Robert Cooper. This was an action of trespass quare clausum fregit, which, involved a difference between the parties as to the location of the boundary line between their lands.
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ERROR to the common pleas of Bradford county. Abner Bowen against Robert Cooper. This was an action of trespass quare clausum fregit, which, involved a difference between the parties as to the location of the boundary line between their lands. It appeared in evidence, that a few years before this suit was brought the parties differed about their division line, and, by the advice of a friend, they agreed by parol to refer the subject to a surveyor as an arbitrator, by whose award they were to be bound. They also chose the chain carriers; and they all met upon the ground, and after an…
1Opinion of the Court
The opinion of the Court, was delivered by
Kennedy, J.
This case presents hut one single question, and that is, whether a parol submission and the award of the arbitrator made in pursuance thereof, settling a dispute between two owners of adjoining lands, held by them in severalty in fee, as to the dividing line thereof; he binding and conclusive upon them, so that the award capnot be set aside for or on account of any mistake which, the arbitrator may have committed either in law or fact.
The award here must be taken as one made under a submission at common law; and being made by a judge of the…
2Cases cited3 opinions
- Perkins v. GaySupreme Court of Pennsylvania · 1817
- Morrison v. BeckeySupreme Court of Pennsylvania · 1837
- Davis v. HavardSupreme Court of Pennsylvania · 1827
3Cited by4 opinions
- Carmick v. United StatesUnited States Court of Claims · 1866
- Jenks v. FritzSupreme Court of Pennsylvania · 1844
- Kellum v. SmithSupreme Court of Pennsylvania · 1870
- Taylor v. Brittain, Pennsylvania Court of Common Pleas, Schuylkill County1873