Legal Opinion

Porter v. McGinnis

Supreme Court of Pennsylvania

Decided September 15, 1845PublishedCited by 1 opinion

In Error. Error to the Court of Common Pleas of Clarion county. This was an action of trespass quare clausum fregit, brought by the defendant in error against the plaintiff in error, to recover damages for breaking and entering the close of the plaintiff) and cutting down, &c. certain timber trees, stated in the declaration. The defendant pleaded not guilty, and liberum tenementum.

Read the full summary

In Error. Error to the Court of Common Pleas of Clarion county. This was an action of trespass quare clausum fregit, brought by the defendant in error against the plaintiff in error, to recover damages for breaking and entering the close of the plaintiff) and cutting down, &c. certain timber trees, stated in the declaration. The defendant pleaded not guilty, and liberum tenementum. The facts of the case, as stated in the charge of the court below (McCallmont, President) to the jury, and which are material to elucidate the points made on the argument and decided here, are these : “James…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

This case is so clear, that to decide it, requires little else than to state it. In 1807, James McGinnis settled on wild land which turned out to have been warranted and surveyed. He designated his boundaries by the lines of the surrounding surveys, and claimed all the land that was included by them, insomuch that twenty-one years adverse possession would give him title to the whole. In 1815, he sold one hundred and nineteen acres to the plaintiff, his son, and at the same time took out a warrant for the residue of the tract, having it so…

2Cases cited2 opinions

  1. Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
  2. Lessee of Eddy v. FaulknerSupreme Court of Pennsylvania · 1803

3Cited by1 opinion

  1. Smucker v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API