Kister v. Reeser
Supreme Court of Pennsylvania
May 3d 1881. Before Shaeswood, C. J., Mercur, Gordon, Paxson, Trunkey, Steerett and Green, JJ. Error to the Court of Common Pleas of YorTc, county. Of May Term, 1881, No. 134. Trespass guare clausum fregit, by Isaac Kister against George Neeser et al.
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May 3d 1881. Before Shaeswood, C. J., Mercur, Gordon, Paxson, Trunkey, Steerett and Green, JJ. Error to the Court of Common Pleas of YorTc, county. Of May Term, 1881, No. 134. Trespass guare clausum fregit, by Isaac Kister against George Neeser et al. On the trial, before Fisdicr, P. J., the following facts appeared : By indenture dated September 30th 1865, William Neeser and wife granted and conveyed to Henry H. Drorbaugli ami his heirs a tract of land containing about nineteen acres, part of a larger tract of land owned by the said William Neeser in fee. This deed contained the following…
1Opinion of the CourtJustice Trunkey
William Reeser, by deed dated September 30th 1865, conveyed to Drorbaugh part of a tract of land which he then owned, and Drorbaugh’s title has been vested in the plaintiff. The deed contains this clause: “ The said William Reeser doth reserve a road ten feet wide along the line of Joseph Burger, to be shut at each end with a bar or gate.” Prior to the conveyance there was neither a public nor private road over the land. The owner in fee of land may travel over it when and where he pleases, and it would be vain to speak of his right of way within his lines. William Reeser died in 1872. The…
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