Legal Opinion

Sorber v. Willing

Supreme Court of Pennsylvania

Decided July 15, 1840PublishedCited by 20 opinions

ERROR to the common pleas of Luzerne county. This was an action of ejectment by Richard Willing against Philip and Jacob Sorber. The plaintiff exhibited a perfect legal title to the land.

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ERROR to the common pleas of Luzerne county. This was an action of ejectment by Richard Willing against Philip and Jacob Sorber. The plaintiff exhibited a perfect legal title to the land. The defendants relied upon the statute of limitations, and to avail themselves of it, proved that their father had gone upon the land in 1812, and built a saw-mill, which continued in operation about four years, when the dam was carried away by a freshet, and he, residing upon another tract of land about one mile off, continued to use the land by cutting timber from it every year; the saw-mill went to decay,…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

In Wright v. Guier, 9 Watts 172, we held, that the use of an unseated tract of land as a wood lot, is not an adverse possession to bar an action of trover for wood cut from it; and it is *142consequently not an adverse possession to give effect to the statute of limitations. What moré was there here during a great part of the period of its course? The first occupant entered in 1812, and built a saw-mill, which was kept in use till 1817, when, the dam having been swept away, it went to decay, and finally to ruin; but without having had a…

2Cases cited5 opinions

  1. M'Call v. NeelySupreme Court of Pennsylvania · 1834
  2. Wright v. GuierSupreme Court of Pennsylvania · 1840
  3. Royer v. BenlowSupreme Court of Pennsylvania · 1823
  4. Read v. GoodyearSupreme Court of Pennsylvania · 1828
  5. Johnston v. IrwinSupreme Court of Pennsylvania · 1817

3Cited by20 opinions

  1. Hoffman v. BellSupreme Court of Pennsylvania · 1869
  2. Byers v. DanleySupreme Court of Arkansas · 1871
  3. Commonwealth v. BierlySuperior Court of Pennsylvania · 1908
  4. Jay v. SteinSupreme Court of Alabama · 1873
  5. Beaupland v. McKeenSupreme Court of Pennsylvania · 1857

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