Bushey v. South Mount. M. & I. Co.
Pennsylvania Court of Common Pleas, Cumberland County
No. 367 January Term 1890, Sup. Ct.; court below, No. 386 April Term 1887, C. P. On March 27, 1887, F. F. Bushey brought trespass q. c. f. against the South Mountain Mining & Iron Company, to recover for timber cut and removed by the defendant from the plaintiff’s lands. The pleas were liberum tenementum and not guilty.
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No. 367 January Term 1890, Sup. Ct.; court below, No. 386 April Term 1887, C. P. On March 27, 1887, F. F. Bushey brought trespass q. c. f. against the South Mountain Mining & Iron Company, to recover for timber cut and removed by the defendant from the plaintiff’s lands. The pleas were liberum tenementum and not guilty. At the trial on November 29, 1889, the plaintiff, as evidence of title to the lands upon which the alleged trespass was committed, put in evidence a certified copy, from the office of the Secretary of Internal Affairs, of an application by William Morrison, dated January 22,…
1Opinion of the Court
*551Opinion,
Mr. Justice Williams :
The several errors assigned, in this case, have been properly-treated by the learned counsel for the appellant as presenting but two questions. The first of these is over the sufficiency of the plaintiff’s title to sustain a recovery upon its own strength. The second relates to the effect to be given to the legal presumption arising after the lapse of twenty-one years from the return of the survey of the Blackford, which is older than the plaintiff’s survey.
The land in controversy is unseated. The plaintiff undertook, therefore, to show title out of the…
2Cases cited6 opinions
- Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
- Grier v. Penna. Coal Co., Pennsylvania Court of Common Pleas, Lackawanna County1889
- Balliot v. BaumanSupreme Court of Pennsylvania · 1843
- Bloom v. Ferguson, Pennsylvania Court of Common Pleas, Clearfield County1889
- Payne v. HowardSupreme Court of Pennsylvania · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Reilly v. Mountain Coal Co.Supreme Court of Pennsylvania · 1903
- Lehigh Valley Coal Co. v. Beaver Lumber Co.Supreme Court of Pennsylvania · 1902