Young v. Herdic
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county. This was an action of replevin, brought April 23d 1864, by Petor Herdic and others, doing business under the name of Herdic, Lentz & Whites, against William R. Young and others, doing business under the name of Young, Finley & Co., for 1,500,000 feet of .white pine saw-logs. The defendants gave bond and retained the logs. They pleaded “ non cepit and property.”
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Error to the Court of Common Pleas of Lycoming county. This was an action of replevin, brought April 23d 1864, by Petor Herdic and others, doing business under the name of Herdic, Lentz & Whites, against William R. Young and others, doing business under the name of Young, Finley & Co., for 1,500,000 feet of .white pine saw-logs. The defendants gave bond and retained the logs. They pleaded “ non cepit and property.” In 1864, and previously, the plaintiffs and the defendants owned tracts of adjoining land in Potter county, containing 1000 acres ; the defendants’ was numbered 5821; the…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1867, by
Agnew, J.
— The parties in this case were the owners of adjoining tracts of unseated timber land in Potter county. The defendants below went upon their own tract in the winter of 1863-4 to cut timber, and built a shanty or log cabin, and a stable, to accommodate the hands engaged in chopping and hauling. One of the defendants’ witnesses thought the shanty was on the disputed territory, but was not positive, and three others said the line ran through the shanty, while one said the'stable was on the disputed land. The plaintiffs’ witness…
2Cases cited4 opinions
- Wright v. GuierSupreme Court of Pennsylvania · 1840
- Sorber v. WillingSupreme Court of Pennsylvania · 1840
- Kennedy v. DailySupreme Court of Pennsylvania · 1837
- Jackson v. WilsonSupreme Court of Pennsylvania · 1844
3Cited by8 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- Parks v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1930
- Smith v. PetermanSuperior Court of Pennsylvania · 1978
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
- McCay v. ParksSupreme Court of Alabama · 1918
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