Andrews v. Wade
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren County to review a judgment on a verdict for tbe plaintiffs in an action of trover. This was an action of trover by W. A. Wade and Ella A., his wife, in the right of the wife, against Hiram E. Andrews for a lot of lumber. The defendant pleaded not guilty.
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Error to the Common Pleas of Warren County to review a judgment on a verdict for tbe plaintiffs in an action of trover. This was an action of trover by W. A. Wade and Ella A., his wife, in the right of the wife, against Hiram E. Andrews for a lot of lumber. The defendant pleaded not guilty. At the trial before Taylor, P. J., the following facts appeared : In March, 1865, L. D. Wetmore conveyed to Amos E. Eoss a tract of land, reserving “all the pine and hemlock timber growing on said land.” The plaintiff Ella A. Wade succeeded to Eoss’s title. In 1877 she took pine logs cut from the land to…
1Per curiam
The learned judge gave due effect to the agreement, reserving the pine and hemlock trees growing on the land. It applied to living trees, then of suitable size for use.
A person having a right to cut and remove timber growing on the land of another may be compelled to take it off after a reasonable time, under all the circumstances, or he will be presumed to have relinquished all right thereto. When one having a lien on goods sets up a claim hostile to the rights of the owner and wrongfully sells the entire property, he cannot set up the lien as a bar to an action against him, for his illegal…
2Cited by9 opinions
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Young v. Camp Manufacturing Co.Supreme Court of Virginia · 1910
- Huron Land Co. v. DavisonMichigan Supreme Court · 1902
- Bragg v. NewtonSupreme Court of Vermont · 1924
- Rodolfo Tinoco Acevedo v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2022
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