Irwin v. Mattox
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE 'WESTMORELAND COUNTY. No. 146 October Term 1890, Sup. Ct.; court below, No 227 February Term 1888, C. P. On December 20, 1888, Wilson Irwin brought replevin against Henry Mattox for seven cattle. The sheriff replevied the cattle and delivered them to the plaintiff, taking from him the usual bond. The defendant then pleaded non-cepit and property.
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APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE 'WESTMORELAND COUNTY. No. 146 October Term 1890, Sup. Ct.; court below, No 227 February Term 1888, C. P. On December 20, 1888, Wilson Irwin brought replevin against Henry Mattox for seven cattle. The sheriff replevied the cattle and delivered them to the plaintiff, taking from him the usual bond. The defendant then pleaded non-cepit and property. At the trial on May 29,1890, the following facts were shown: In the spring of 1887, the plaintiff leased from Mrs. Mary Ewing a field containing about ten acres, part of a farm belonging to her,…
1Opinion of the Court
OpmioN,
Me. Justice McCollum :
We discover no error in the refusal of the appellant’s fourth point. There was some conflict in the evidence respecting *473the term, for which the appellee rented the ten-acre lot, but it did not authorize the court to say that he was a trespasser in turning his cattle into it. He was not a cropper; he rented the lot for twenty dollars, and whether his term had expired at the time of the alleged trespass, was a question for the jury under the evidence. The court could not declare as matter of law that during that term he had no right to pasture his cattle there.…
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