Green v. Ashland Iron Co.
Supreme Court of Pennsylvania
May 7th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. Error to the Court of Common Pleas of Adams county: No. 77, to May Term 1869. , To August Term 1866 of the Court of Common Pleas of Adams county, The Ashland Iron Company of Baltimore county brought an action of replevin against John Green and John Vanhyning and Enoch Lefever, for 450 tons of unwashed iron ore of the value of $1000. Green and Vanhyning claimed property, and gave bond…
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May 7th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. Error to the Court of Common Pleas of Adams county: No. 77, to May Term 1869. , To August Term 1866 of the Court of Common Pleas of Adams county, The Ashland Iron Company of Baltimore county brought an action of replevin against John Green and John Vanhyning and Enoch Lefever, for 450 tons of unwashed iron ore of the value of $1000. Green and Vanhyning claimed property, and gave bond to the sheriff: Lefever pleaded “ Non cepit,” Green and Vanhyning pleaded “ Property.” On the trial, August 18th 1868,…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
It is undoubtedly true that the title to land cannot he tried and adjudicated in a transitory action: Mather v. Trinity Church, 3 S. & R. 509; Baker v. Howell, 6 S. & R. 476; Brown v. Caldwell, 10 S. & R. 114; Powell v. Smith, 2 Watts 126. But it is equally well settled that the title may incidentally arise and he heard in such an action: Wright v. Guier, 2 Watts 173; Elliott v. Powell, 10 Id. 454; Harlan v. Harlan, 3 Harris 509; Clement v. Wright, 4 Wright 250; Brewer v. Fleming, 1 P. F. Smith 102. As remarked by Judge Rogers in Harlan v.…
2Cases cited3 opinions
- Powell v. SmithSupreme Court of Pennsylvania · 1833
- Smith & Wife v. BoyerSupreme Court of Pennsylvania · 1834
- Stewart v. United States InsuranceSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Williams v. BridySupreme Court of Pennsylvania · 1957
- Russell v. HoweSuperior Court of Pennsylvania · 1906
- Hilt Estate, Pennsylvania Court of Common Pleas, Bucks County1981