Collins v. Clough
Supreme Court of Pennsylvania
Appeal, No. 43, Oct. T., 1908, by plaintiffs, from judgment of C. P. Forest Co., Sept. T., 1905, No. 5, on verdict for defendants in case of T. D. Collins et al. v. L. S. Clough et al. Ejectment for 1,200 acres of land in Kingsley and Howe townships. Before Thomas, P. J., specially presiding. The opinion of the Supreme Court states the facts.
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Appeal, No. 43, Oct. T., 1908, by plaintiffs, from judgment of C. P. Forest Co., Sept. T., 1905, No. 5, on verdict for defendants in case of T. D. Collins et al. v. L. S. Clough et al. Ejectment for 1,200 acres of land in Kingsley and Howe townships. Before Thomas, P. J., specially presiding. The opinion of the Supreme Court states the facts. At the trial when W. W. Whitekin, a witness for the plaintiff was on the stand, he was asked the following questions: “Q. Did you find a line running the official course? A. Yes, sir. Q. From that spruce? A. Which spruce have you reference to? Q. That…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
When the true division line between two or more adjoining tracts, alike claimed under original warrants, is the subject of dispute, and that line once ascertained is a determining factor, the first thing to do is to ascertain, if possible, which of the two tracts was first located. In an issue such as this, the party holding under the earlier location has certain advantage resulting therefrom; since the prior location limits the call of the junior, however much such limitation may disappoint. To state this case: The plaintiffs claim that the land in controversy…
2Cases cited6 opinions
- Grier v. Penna. Coal Co., Pennsylvania Court of Common Pleas, Lackawanna County1889
- Ferguson v. Bloom, Pennsylvania Court of Common Pleas, Clearfield County1891
- Borough of Birmingham v. AndersonSupreme Court of Pennsylvania · 1861
- Kennedy v. LuboldSupreme Court of Pennsylvania · 1879
- Salmon Creek Lumber & Mining Co. v. DusenburySupreme Court of Pennsylvania · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Hallman v. TurnsSupreme Court of Pennsylvania · 1984
- Detwiler v. ColdrenSuperior Court of Pennsylvania · 1930
- Long Run Timber Co., Ltd. P'ship v. Dep't of Conservation & Natural Res.Commonwealth Court of Pennsylvania · 2016
- Matthews v. BagnikSuperior Court of Pennsylvania · 1945
5 more not listed; retrieve them via the Exa API.