Darrah v. Kadison
Superior Court of Pennsylvania
Appeal, No. 208, April T., 1913, by defendants, from judgment of C. P. Somerset Co., Dec. T., 1908, No. 174, on verdict for plaintiff in case of S. G. Darrah et al. v. Ellen L. Kadison et al. Trespass to recover damages for the alleged wrongful cutting of timber. Before Reed, P. J., specially presiding. See report of former appeal, 51 Pa.
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Appeal, No. 208, April T., 1913, by defendants, from judgment of C. P. Somerset Co., Dec. T., 1908, No. 174, on verdict for plaintiff in case of S. G. Darrah et al. v. Ellen L. Kadison et al. Trespass to recover damages for the alleged wrongful cutting of timber. Before Reed, P. J., specially presiding. See report of former appeal, 51 Pa. Superior Ct. 133. The court charged as follows: This is an action of trespass brought by the plaintiffs to recover damages for cutting certain timber trees on a tract of land in Allegheny township, this county, the title and right of possession to which land…
1Opinion of the Court
Opinion by
Henderson, J.,
At the trial in the court below two questions were presented relating to the title of the property and two affecting the right of the plaintiffs to maintain an action of trespass. The plaintiffs claim through a warrant issued to Nathan Hammond in 1794. The defendants’ paper title was based on a patent issued to John Hoyle in 1856, who was at that time the owner of the Deeter tract immediately south of that part of the Hammond tract which is the subject of litigation. But it was clearly shown that the Hoyle tract was laid on land long before warranted, title to which…
2Cases cited4 opinions
- Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
- Hole v. RittenhouseSupreme Court of Pennsylvania · 1859
- Hole v. RittenhouseSupreme Court of Pennsylvania · 1855
- Darrah v. KadisonSuperior Court of Pennsylvania · 1912
3Cited by3 opinions
- Niles v. Fall Creek Hunting Club, Inc.Supreme Court of Pennsylvania · 1988
- Hoover v. JacksonSupreme Court of Pennsylvania · 1987
- Niles v. Fall Creek Hunting Club, Inc.Supreme Court of Pennsylvania · 1988