Trout v. Kennedy
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren county. This was an action of trespass de bonis asportatis, brought January 23d 1861, by Austin J. Kennedy against H. A. Trout, for taking and carrying away one hundred and three thousand five hundred feet of lumber, in which there was a verdict and judgment for plaintiff.
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Error to the Common Pleas of Warren county. This was an action of trespass de bonis asportatis, brought January 23d 1861, by Austin J. Kennedy against H. A. Trout, for taking and carrying away one hundred and three thousand five hundred feet of lumber, in which there was a verdict and judgment for plaintiff. On the 16th day of April I860, Dr. Henry Brooks made a contract in writing with defendant, by which the latter agreed to stock and run a steam saw-mill on Brooks’s land, manufacture therein boards, lath, and shingles, and give Brooks one-half the hoards, divided in the pile, one-third of…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
This was an action of trespass for taking and carrying away one hundred and three thousand five hundred feet of lumber, which the plaintiff alleged to belong to him, whereof he had acquired the title at a sheriff’s sale of the property of Dr. Henry Brooks. The undisputed evidence in the case was, that Dr. Brooks having been the owner of a steam saw-mill, and also of the timber standing on three certain tracts of land, agreed to give the use of the mill to Trout, the defendant, for the purpose of manufacturing the timber into lumber. The…
2Cases cited1 opinion
- Wilson v. ReedNew York Supreme Court · 1808
3Cited by6 opinions
- Lloyd v. HaughSupreme Court of Pennsylvania · 1909
- Davis v. Southern Surety Co.Supreme Court of Pennsylvania · 1930
- Wolf v. WolfSupreme Court of Pennsylvania · 1893
- Garber v. DoersomSupreme Court of Pennsylvania · 1887
- Stitt v. FeltonSuperior Court of Pennsylvania · 1939
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