Legal Opinion

Wright v. Guier

Supreme Court of Pennsylvania

Decided May 15, 1840PublishedCited by 27 opinions

ERROR to the common pleas of Dauphin county. This was an action of trover and conversion brought by Sarah Ann Guier, administratrix of Adam Quier, deceased, against Franklin Wright, and Henry M. Bayard, for a large quantity, of cord wood cut upon the land of the plaintiff’s intestate. The legal title to the land was clearly in the plaintiff, and it was situate near to the “ Victoria Iron Works” of the defendants, and, adjoining their lands.

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ERROR to the common pleas of Dauphin county. This was an action of trover and conversion brought by Sarah Ann Guier, administratrix of Adam Quier, deceased, against Franklin Wright, and Henry M. Bayard, for a large quantity, of cord wood cut upon the land of the plaintiff’s intestate. The legal title to the land was clearly in the plaintiff, and it was situate near to the “ Victoria Iron Works” of the defendants, and, adjoining their lands. The question of law raised in the case was, whether the defendants had not such a colourable title to and possession of the land, as protected them from a…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

Though trover is said not to be a proper action to try title to land, it is certain that it may b.e supported for the price of what was a part of the freehold, converted after severance from, it, if the wrong-doer were not in the actual and exclusive possession. Such appears from Player v. Roberts, 1 Jones 243, to be the law of the English courts, and if we regard no more than the naked point determined by our own, we shall see that our decisions, though full of jarring dicta, entirely agree with it. In Mather v. Trinity Church, which was…

2Cases cited1 opinion

  1. Johnston v. IrwinSupreme Court of Pennsylvania · 1817

3Cited by27 opinions

  1. Cooper v. WatsonSupreme Court of Alabama · 1882
  2. Parks v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1930
  3. Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
  4. Sorber v. WillingSupreme Court of Pennsylvania · 1840
  5. Hughes v. StevensSupreme Court of Pennsylvania · 1860

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