Burkholder v. Markley
Supreme Court of Pennsylvania
May 5th 1881. Before Siiarswood, C. J., Mercue, Gordon, Paxson, Tbunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Lancaster county: Of May Term 1881, No. UL Trespass viet cwm.is, quare clausum fregit, by Jacob Markley against M. J. Burkholder, for entering on the plaintiff’s land and tearing down a fence. 'Blea not guilty, and liberum tenem,entum.
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May 5th 1881. Before Siiarswood, C. J., Mercue, Gordon, Paxson, Tbunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Lancaster county: Of May Term 1881, No. UL Trespass viet cwm.is, quare clausum fregit, by Jacob Markley against M. J. Burkholder, for entering on the plaintiff’s land and tearing down a fence. 'Blea not guilty, and liberum tenem,entum. On the trial, before Livingston, P. J., the following fads appeared : The plaintiff and the defendant' were owners of adjoining tracts of land, the location of the division line between which was the subject of this dispute.…
1Opinion of the CourtJustice Trunkey
Samuel Moyer, by deed dated April 10th 1865, conveyed part of a tract of land to Isaac Gingrich, whose title has been vested in Burkholder. On the 10th of May following, Moyer conveyed another part of said tract to David Ober, which part is now vested in Marbley. The line between these parcels, being the one in dispute, is described in the deeds as fanning from a post north nineteen degrees east, twenty-three perches and five-tenths, to a stone in the road. Both parties agree that this is a straight line. They also agree that a shed, built before Moyer conveyed, is still standing where it did…
2Cases cited1 opinion
- Bartle v. VosburySupreme Court of Pennsylvania · 1859
3Cited by4 opinions
- Rook v. GreenewaldSuperior Court of Pennsylvania · 1903
- Carroll v. MinerSuperior Court of Pennsylvania · 1896
- Rozelle v. LewisSuperior Court of Pennsylvania · 1908
- Eshleman v. RankinSuperior Court of Pennsylvania · 1906