Legal Opinion

Fairchild v. Chastelleux

Supreme Court of Pennsylvania

Decided July 15, 1845PublishedCited by 16 opinions

In Error. This was a writ of error to the Court of Common Pleas of Bradford county, to remove the record of an action of trespass quare clausum fregit, for cutting and carrying away timber, brought by Casar Laurent Comte de Chastelleux, the defendant in error, against Abel Fairchild and Reuben White. To the declaration, which was in the usual form, Abel Fairchild, one of the defendants, pleaded not guilty, and thereupon issue was joined.

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In Error. This was a writ of error to the Court of Common Pleas of Bradford county, to remove the record of an action of trespass quare clausum fregit, for cutting and carrying away timber, brought by Casar Laurent Comte de Chastelleux, the defendant in error, against Abel Fairchild and Reuben White. To the declaration, which was in the usual form, Abel Fairchild, one of the defendants, pleaded not guilty, and thereupon issue was joined. The cause was tried, on the 13th of June, 1844, at a special court held in Towanda, Bradford county, before George W. Woodford, president, and John Laporte,…

1Opinion of the Court

*180The opinion of the court was delivered by

Kennedy, J.

This is an action of trespass, brought in the court below by Caesar Laurent Comte de Chastelleux, the defendant in error, against Abel Fairchild and Reuben White, the plaintiffs in error, for breaking into the close or land of the said defendant! in error, with force and arms, and there, without the consent of the latter, felling, cutting down, and carrying away four hundred white-pine trees there growing, of the value of one thousand dollars, and converting them to their own use. The land, upon which the trespass was committed, was held by…

2Cases cited4 opinions

  1. Stevens v. StevensNew York Supreme Court · 1819
  2. Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
  3. Barber v. HarrisNew York Supreme Court · 1836
  4. Jackson ex dem. Corson v. CairnsNew York Supreme Court · 1822

3Cited by16 opinions

  1. Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
  2. O'Malley v. O'MalleySupreme Court of Pennsylvania · 1922
  3. Gasner v. PierceSupreme Court of Pennsylvania · 1926
  4. Columbian Carbon Co. v. KightCourt of Appeals of Maryland · 1955
  5. Wakefield v. WakefieldSuperior Court of Pennsylvania · 1942

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