Legal Opinion

Forsythe v. Price

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 8 opinions

ERROR to the common pleas of Mifflin county. Jacob Price against Robert Forsythe. Trespass quare clausum fregit. This suit originated before a justice of the peace, and was brought into court by appeal. The only question in the cause was, whether the action could be maintained by the tenant against his landlord, for an injury done to his way-going crop after the expiration of the lease, and after the plaintiff had quit the possession.

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ERROR to the common pleas of Mifflin county. Jacob Price against Robert Forsythe. Trespass quare clausum fregit. This suit originated before a justice of the peace, and was brought into court by appeal. The only question in the cause was, whether the action could be maintained by the tenant against his landlord, for an injury done to his way-going crop after the expiration of the lease, and after the plaintiff had quit the possession. Burnside, president, instructed the jury that the plaintiff could maintain his action, and if the jury believed the facts proved, he was entitled to recover.

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

This was an action of trespass quare clausum fregit, brought originally before a justice of the peace, by the defendant in error, against the plaintiff in error, and thence by appeal into the court below. ' The plaintiff had been the tenant of a farm, including the locus in quo, belonging to the defendant below, under a lease from the latter for a term of two years, commencing on the 1st of April 1834. In the autumn of 1835, the plaintiff below sowed two of the fields on the farm with wheat, which was growing thereon in the spring of IS36,…

2Cases cited3 opinions

  1. Carson v. BlazerSupreme Court of Pennsylvania · 1810
  2. Stultz v. DickeySupreme Court of Pennsylvania · 1812
  3. Biggs v. BrownSupreme Court of Pennsylvania · 1815

3Cited by8 opinions

  1. Coastal Oil & Gas Corp. v. Garza Energy TrustTexas Supreme Court · 2008
  2. Bender v. WelshSupreme Court of Pennsylvania · 1942
  3. Commonwealth v. PetermanSuperior Court of Pennsylvania · 1938
  4. Reilly v. RinglandSupreme Court of Iowa · 1874
  5. McClarigan v. MatlackSuperior Court of Pennsylvania · 1929

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