Strayer ex rel. Keller v. Johnson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clinton county; Of July Term 1884, No. 44. Trespass quare clausum fregit, by A. H. Strayer to use of Peter W. Keller against F. S. Johnson, Isaac Shaffer and J. B. Powers, to recover statutory damages for cutting and removing timber on a tract of land in Bald Eagle township. Plea, not guilty, and liberum tenementum.
Read the full summary
Error to the Court of Common Pleas of Clinton county; Of July Term 1884, No. 44. Trespass quare clausum fregit, by A. H. Strayer to use of Peter W. Keller against F. S. Johnson, Isaac Shaffer and J. B. Powers, to recover statutory damages for cutting and removing timber on a tract of land in Bald Eagle township. Plea, not guilty, and liberum tenementum. On the trial, before Williams, P. J., the plaintiff claimed title to the tract in question under a treasurer’s sale thereof to him as unseated land, in the warrantee name of Charles Carskadden, for taxes assessed for the years 1874 and 1875;…
1Opinion of the CourtJustice Sterrett
This action of trespass quare clausum fregit was brought under the Act óf March 29th, 1824 to recover treble damages for timber trees cut and removed from the tract of land in controversy. The pleas were, not guilty and liberum tenementum, on the latter of which the defence was exclusively based.
To maintain the issue on his part, plaintiff gave in evidence warrant dated October 3d, 1859, to Charles Carskadden for 400 acres, survey in pursuance thereof and patent to warrantee, October 14th, 1859. He also gave in evidence assessment of same tract for 1874 and 1875, and treasurer’s sale to…
2Cases cited1 opinion
- Blackmore v. GreggSupreme Court of Pennsylvania · 1840
3Cited by18 opinions
- Commonwealth Ex Rel. v. KellySupreme Court of Pennsylvania · 1926
- Berardi v. Ohio Turnpike Comm.Ohio Court of Appeals · 1965
- Central Pennsylvania Lumber Co. v. CarterSupreme Court of Pennsylvania · 1943
- Factor Oil Co. v. BrydiaSupreme Court of Oklahoma · 1938
- Huard v. PionSupreme Judicial Court of Maine · 1953
13 more not listed; retrieve them via the Exa API.