Pennsylvania Railroad v. Jones
Supreme Court of Pennsylvania
Error to the„Common Pleas of Perry county. This was an action of trespass on the case by Griffith Jones against The Pennsylvania Railroad Company, to recover damages for obstructing his right of way. The case was this: — In 1837 Amos A. Jones became seised of a tract of land adjoining and part in the town of Duncannon, Perry county. On the 6th October 1837, he executed a mortgage upon, said land to Alexander Henry, to secure the sum of $5000, part of the purchase-money.
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Error to the„Common Pleas of Perry county. This was an action of trespass on the case by Griffith Jones against The Pennsylvania Railroad Company, to recover damages for obstructing his right of way. The case was this: — In 1837 Amos A. Jones became seised of a tract of land adjoining and part in the town of Duncannon, Perry county. On the 6th October 1837, he executed a mortgage upon, said land to Alexander Henry, to secure the sum of $5000, part of the purchase-money. He-died in the year 1845, having first, made his last will, appointing Jacob Kaiser and Jane Jones executor -and executrix,…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
There is a radical error in supposing there was a road or right of way in this case originated in the reservation. It was an old-established road long before the mortgage was executed under which the sale vested title in Griffith Jones. It had been a county road, and after the route of the public road was changed, continued to be used by the owner of the property as a log-road from the mouth of the creek to the old saw-mill. The right of way was therefore not created by the agreement of the 27th December 1847, between John O. McAllister, the…
2Cases cited1 opinion
- Kirkham v. SharpSupreme Court of Pennsylvania · 1836
3Cited by8 opinions
- Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
- MacY v. OSWALD Et Ux.Superior Court of Pennsylvania · 1962
- Macy v. OswaldSuperior Court of Pennsylvania · 1962
- Kemp v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Drum v. DinkelackerSuperior Court of Pennsylvania · 1922
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