Davis v. Havard
Supreme Court of Pennsylvania
in error. Writ of error to the Court of Common Pleas of Chester county. The defendant in error, David Havard, a minor, who sued by his guardians, John Elliott and John Marshall, brought this action of trespass vi et armis, &c. against John Davis and John Kvgler, the plaintiffs in error, for breaking and entering the plaintiff’s close, and cutting down and carrying away his trees.
Read the full summary
in error. Writ of error to the Court of Common Pleas of Chester county. The defendant in error, David Havard, a minor, who sued by his guardians, John Elliott and John Marshall, brought this action of trespass vi et armis, &c. against John Davis and John Kvgler, the plaintiffs in error, for breaking and entering the plaintiff’s close, and cutting down and carrying away his trees. The defendants pleaded, Liberum tenementum, to which the .plaintiff replied, freehold in himself and issue. The controversy was in relation to a certain boundary line, and the following agreement, signed by the…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
This was an action of trespass, brought by David Havard, the plaintiff below, against Davis and Kugler, the plaintiffs in error, for breaking and entering his close, with force ánd arms, &c., and cutting down his trees, &c. The plaintiffs pleaded, not guilty, and liberum tenementum, &c., to which the plaintiff replied, “ freehold in himself,” and issues were joined.
The dispute was concerning a boundary line, and the defendants gave in evidence an agreement between Benjamin Havard, under whom the plaintiff claimed, and themselves, to…
2Cases cited3 opinions
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- Duer v. BoydSupreme Court of Pennsylvania · 1814
- Bouck v. WilberNew York Court of Chancery · 1820
3Cited by2 opinions
- Shaw v. StateSupreme Court of Alabama · 1899
- Bowen v. CooperSupreme Court of Pennsylvania · 1838