Lauchner v. Rex
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Lehigh county. This was an appeal from the judgment of a justice of the peace, • in an action of trespass brought by Nathan Rex against George Lauchner and others for taking and carrying away a quantity of grain in shock. On the trial, on the part of the plaintiff was offered the deed of Charles Fritzinger and wife to Nathan Rex, the plaintiff, for above seventeen acres of land.
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Error to tbe Common Pleas of Lehigh county. This was an appeal from the judgment of a justice of the peace, • in an action of trespass brought by Nathan Rex against George Lauchner and others for taking and carrying away a quantity of grain in shock. On the trial, on the part of the plaintiff was offered the deed of Charles Fritzinger and wife to Nathan Rex, the plaintiff, for above seventeen acres of land. This was objected to on the part of the defendants, but was admitted. The deed was dated 1st March, 1849, and was for the land on which the grain grew. It was stated, on the part of the…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
This was trespass for cutting and carrying away certain grain which the plaintiff alleged to be his. One of the exceptions taken is to the admission of evidence which went to show that when the plaintiff sold his land to the defendant, it was expressly agreed that the grain in dispute should be reserved, and should not pass with the land, and that the stipulation to that effect -was left out of the agreement by mistake. The scrivener testified that both parties told him to insert this, and, finding he had not done so, requested him to…