Smith v. Walker
Supreme Court of Pennsylvania
May 23d 1881. Before Mercur, Gordon, Paxson, Trunket, Sterrett, and Green, JJ. -Sharswood, O. J., absent. Error to tbe Court of Common Pleas of Huntingdon country: Of May Term 1880, No. 147. Trespass quare clausum fregit, et de bonis asportatis, by David Walker, against George L. Smith and others. Plea, not guilty.
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May 23d 1881. Before Mercur, Gordon, Paxson, Trunket, Sterrett, and Green, JJ. -Sharswood, O. J., absent. Error to tbe Court of Common Pleas of Huntingdon country: Of May Term 1880, No. 147. Trespass quare clausum fregit, et de bonis asportatis, by David Walker, against George L. Smith and others. Plea, not guilty. On the trial, before ■ Dean, P. J., the following facts appeared : The alleged trespass was committed on a tract of mountain land on which the defendants entered and cut and carried away timber. The plaintiff claimed title and the right to possession under articles of agreement of…
1Opinion of the CourtJustice Gordon
Prima facie the title of the plaintiff was good. He claimed some sixty acres and ninety-nine perches of a certain tract warranted to one Bobert Miller, on the 10th of April 1794, which was surveyed on the 23d of September 1849, and returned to the Land Cffice and accepted three days thereafter. As appears from the “ Old Purchase Blotter,” this warrant, with 288 others, was paid for by John Hall, in behalf of “ Ingersoll, &c.,” on the 17th of September 1794. This payment of purchase-money vested the title to these warrants in Ingersoll and his associate, if any such he had. The plaintiff then,…
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