Beaver v. Filson
Supreme Court of Pennsylvania
In error from the Court of Common Pleas of Franklin county. June 8. Trespass guare clausum fregit by John Beaver against Samuel Filson. The only question tried in the court below, and argued here, was as to the title to a lot of ground on which a brick building had been erected, and which was occupied as a church. The parties claimed title under George Werner and John Dickey, who were at one time owners of distinct portions of the lot in controversy.
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In error from the Court of Common Pleas of Franklin county. June 8. Trespass guare clausum fregit by John Beaver against Samuel Filson. The only question tried in the court below, and argued here, was as to the title to a lot of ground on which a brick building had been erected, and which was occupied as a church. The parties claimed title under George Werner and John Dickey, who were at one time owners of distinct portions of the lot in controversy. But at the trial, before Black, P. J., it was'-admitted that the title to the property on which the alleged trespass was committed, was in…
1Opinion of the CourtRogers, J.
It is a conclusive answer to the action, that the evidence proves that the possession of the premises on which the trespass was committed, was not exclusively in the plaintiff. It was a joint possession, and the alleged wrong was by the authority of the joint possessors. But this, as a separate and distinct exception, has not been urged, but the cause has been argued as in the ease of an ejectment, and with a view to settle the title. It is agreed that the parties claim under George Werner and John *334Dickey, who at one time were the owners of distinct portions of the land. The plaintiff, who is…
2Cited by5 opinions
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- Chester Housing Authority v. BitterSupreme Court of Pennsylvania · 1942
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- Commonwealth v. First National Bank of Danville, Pennsylvania Court of Common Pleas, Montour County1941