Filbert v. Hoff
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an action of trespass quare clausum fregit, brought in 1859 by William Hoff against Peter Filbert, Joseph Miller, and John Sauser, for breaking and entering plaintiff’s close and cutting down and carrying away a quantity of oak, white pine, and hemlock timber.
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Error to the Common Pleas of Schuylkill county. This was an action of trespass quare clausum fregit, brought in 1859 by William Hoff against Peter Filbert, Joseph Miller, and John Sauser, for breaking and entering plaintiff’s close and cutting down and carrying away a quantity of oak, white pine, and hemlock timber. On the trial the plaintiff’s declaration was so amended as to lay the trespasses, with a continuando, from the 1st of February 1857 to the institution of the suit, and after the testimony was closed, and one of the counsel for defendants had finished his address to the jury, the…
1Opinion of the Court
The opinion of the court was delivered, February 17th 1862, by
Thompson, J.
The second, third, and seventh assignments of error cover in its various aspects the material question in this case; and being determined in the manner we propose to do will *100render unnecessary any notice at length of the other points in the case.
The facts in the case seem to be that the plaintiff became the owner of an undivided three-fourths of the tract of land on which the alleged trespass was committed in 1847. We need not take special notice of the fact that Root’s deed to him was for the entire tract, for it…
2Cited by4 opinions
- Williams v. Sinclair Refining Co.New Mexico Supreme Court · 1935
- Bush v. GambleSupreme Court of Pennsylvania · 1889
- Wells v. BeckerSuperior Court of Pennsylvania · 1904
- Brotherton v. Christ, Pennsylvania Court of Common Pleas, Luzerne County1949