Godshall v. Mariam
Supreme Court of Pennsylvania
THIS was an action of trespass to recover damages from the defendant for breaking and entering the plaintiff’s close, and removing live pannels of fence. The defendant pleaded-not guilty, and liberum tenementum.
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THIS was an action of trespass to recover damages from the defendant for breaking and entering the plaintiff’s close, and removing live pannels of fence. The defendant pleaded-not guilty, and liberum tenementum. Upon the trial before the Chief Justice at Nisi Prius in June 1806, the plaintiff proved a regular title to a lot of twenty feet in breadth by one hundred and ten feet in depth, on Third street in the Northern Liberties, which lot was stated in a deed bearing date the 15th November 1794, from Dr. John Redman to the person under whom the plaintiff claimed, to be “ bounded northward “…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the court.
The only question now to be decided by the court is, whether the regulation of the lines of a lot in the Northern Liberties of the city of Philadelphia, made by virtue of the act entitled “ An act for appointing regulators in the southern parts of the “ Northern Liberties of the city of Philadelphia, and for other “ purposes therein mentioned,” (a) is conclusive on the parties, not only as to that part of the lot on which buildings are erected, but throughout the whole extent of it.
The act, after reciting in the preamble, that great…
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