Packer v. Schrader Mining & Manufacturing Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: Of July Term 1880, No. 41. Trespass quare clausum fregit by E. A. Packer et al. against The Schrader Mining & Manufacturing Company et al. for timber felled and converted in 1867, 1868 and 1869, upon part of a tract of unseated land in the warrantee name of George Moore. The defendants pleaded not guilty and liberum tenementum.
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Error to the Court of Common Pleas of Bradford county: Of July Term 1880, No. 41. Trespass quare clausum fregit by E. A. Packer et al. against The Schrader Mining & Manufacturing Company et al. for timber felled and converted in 1867, 1868 and 1869, upon part of a tract of unseated land in the warrantee name of George Moore. The defendants pleaded not guilty and liberum tenementum. On the trial, before Morrow P. J., the plaintiffs showed the following title: April 27th 1792, warrant to George Moore 400 acres of land adjoining or near to lands this day granted to Samuel Temple in the county of…
1Opinion of the CourtJustice Gordon
The question involved in this case is a very simple one — one of location only. The Moore survey was older than the Tybout. It was regularly returned and accepted, and was also patented. If, therefore, there were any marks found on the ground, or any adjoinders called for by the survey, as returned to the land office, *383by which the position of the tract coaid bo ascertained, this controversy ought to have been determined by the jury in favor of the owners of this survey.
We repeat, the question was one simply of the location of the Moore warrant. Was there a corner or line found on the ground…
2Cases cited3 opinions
- Caul v. SpringSupreme Court of Pennsylvania · 1834
- Lessee of M'Rhea v. PlummerSupreme Court of Pennsylvania · 1807
- Norris v. HamiltonSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Grier v. Penna. Coal Co., Pennsylvania Court of Common Pleas, Lackawanna County1889
- Ferguson v. Bloom, Pennsylvania Court of Common Pleas, Clearfield County1891
- Reilly v. Mountain Coal Co.Supreme Court of Pennsylvania · 1903
- Spurgeon v. BartlettMissouri Court of Appeals · 1894