Legal Opinion

Robbins v. Farwell

Supreme Court of Pennsylvania

Decided October 6, 1899No. Appeal, No. 403PublishedCited by 30 opinions

Appeal, No. 403, Jan. T., 1899, by plaintiff, from judgment of C. P. Clinton Co., Jan. T., 1895, No. 75, on verdict for defendant. Trespass for cutting timber. Rule for treble damages. Before Mamee, P. J. The facts appear by the opinion of the Supreme Court and by the opinion of the court below oh a rule to treble damages.

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Appeal, No. 403, Jan. T., 1899, by plaintiff, from judgment of C. P. Clinton Co., Jan. T., 1895, No. 75, on verdict for defendant. Trespass for cutting timber. Rule for treble damages. Before Mamee, P. J. The facts appear by the opinion of the Supreme Court and by the opinion of the court below oh a rule to treble damages. The opinion of the court below was as follows: This suit was brought to recover treble damages under the act of March 29,1824, for cutting and converting a quantity of white pine timber trees, which were growing upon a tract of land in the warrantee name of Hugh Frazier,…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

In 1893 I'arwell, the defendant, went upon a tract of land warranted in name of Hugh Frazier, in Stephen’s Yalley, Clinton county, and cut and removed therefrom the white pine timber. The tract had been owned as tenants in common by James E. Robbins and Charles R. Noyes, to whom it had been conveyed in 1885 by John and James Bond. The plaintiff, Robbins, claimed that by a writing dated May 23, 1891,' made in pursuance of a verbal agreement had between them in 1888, he had purchased from Noyes his half of the land with the timber thereon, and had thereby become the…

2Cases cited3 opinions

  1. Pattison's AppealSupreme Court of Pennsylvania · 1869
  2. Brothers v. MitchellSupreme Court of Pennsylvania · 1893
  3. Welsh v. AnthonySupreme Court of Pennsylvania · 1851

3Cited by30 opinions

  1. Commonwealth v. Musser Forests, Inc.Supreme Court of Pennsylvania · 1958
  2. Strause v. BergerSupreme Court of Pennsylvania · 1908
  3. Zitney v. Appalachian Timber Products, Inc.Superior Court of Pennsylvania · 2013
  4. Morris Brothers Lumber Company v. David E. Eakin, Frances B. Eakin, John L. Eakin, Jr., Also Known as Lester Eakin, and Mary Louise EakinCourt of Appeals for the Third Circuit · 1959
  5. Stevenson v. Titus Admrs.Supreme Court of Pennsylvania · 1938

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