Boults v. Mitchell
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Wayne County. This was an action of trespass quare clausum fregit. Summons issued December 7, 1847. . The declaration in this case sets forth that the defendants on the 1st day of January, 1844, and on divers other days and times before the commencement of this suit, with force and arms, &c., felled, cut down, prostrated, and destroyed the trees and pollards, (naming the different kinds and value of the whole, and describing the land upon which…
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Error to tbe Common Pleas of Wayne County. This was an action of trespass quare clausum fregit. Summons issued December 7, 1847. . The declaration in this case sets forth that the defendants on the 1st day of January, 1844, and on divers other days and times before the commencement of this suit, with force and arms, &c., felled, cut down, prostrated, and destroyed the trees and pollards, (naming the different kinds and value of the whole, and describing the land upon which they were cut, &c.,) and carried away the same, and converted and disposed them to their own use. And also then and there…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
As already said, in the action of replevin between the same parties, in which the opinion- of this court has just been given, we think the construction, by the court below, of the clausés of reservation in the several deeds read on the trial, is correct, for the reasons given in the charge, and those adduced in the opinion referred to.
On the trial of the replevin, both Abraham and Stephen Mitchell testified as witnesses, and, under oath, disclaimed any right to the trees which matured as sawing and rafting timber, subsequently to the conveyance…
2Cases cited1 opinion
- Clap v. DraperMassachusetts Supreme Judicial Court · 1808
3Cited by11 opinions
- Hicks v. PhillipsCourt of Appeals of Kentucky · 1912
- Young v. Camp Manufacturing Co.Supreme Court of Virginia · 1910
- Patterson v. GrahamSupreme Court of Pennsylvania · 1894
- Gedekoh v. Peoples Natural Gas Co.Superior Court of Pennsylvania · 1957
- Mahan v. ClarkSupreme Court of Pennsylvania · 1908
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