Legal Opinion

McGrew v. Foster

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 4 opinions

Error to the Court of Common Pleas of Warren county; Of January Term 1885, No. 471. This was an action of trespass brought June 12th, 1883, by A. J. Foster against James McGrew, W. Rogers, James Kent, James Travis, Daniel Crandall and Smith Brown for breaking and entering the plaintiffs close, and cutting, carrying away, and converting his timber trees, wherein he sought to recover double the value of the trees cut down, and treble the value of those converted to the use of…

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Error to the Court of Common Pleas of Warren county; Of January Term 1885, No. 471. This was an action of trespass brought June 12th, 1883, by A. J. Foster against James McGrew, W. Rogers, James Kent, James Travis, Daniel Crandall and Smith Brown for breaking and entering the plaintiffs close, and cutting, carrying away, and converting his timber trees, wherein he sought to recover double the value of the trees cut down, and treble the value of those converted to the use of the defendants, under the Act of 29th March, 1824. Plea, not guilty. The timber was cut and carried away by James McGrew…

1Opinion of the CourtJustice Clark

The facts in this case are not disputed; the title to the fifty acres of land, from which the timber in controversy was cut, was originally in E. J. Pettibone, who, 15th August, 1846,: conveyed the same with other lands to Ansel St. John. The plaintiff below claimed title under an unrecorded contract in writing, dated 10th April, 1854, between Ansel St. John (executed by his attorney, in fact, Lansing Wetmore) and Samuel Ward, by the terms of which St. John, in consideration of the sum of one hundred dollars, agreed to sell and convey to Ward the premises now in question. The purchase money…

2Cases cited2 opinions

  1. Gore v. KinneySupreme Court of Pennsylvania · 1840
  2. Dixon v. OliverSupreme Court of Pennsylvania · 1836

3Cited by4 opinions

  1. Ryason v. DuntenIndiana Supreme Court · 1905
  2. Greenough v. SmallSupreme Court of Pennsylvania · 1890
  3. Stewart's EstateSupreme Court of Pennsylvania · 1924
  4. Zierdt v. Kiel or KealSuperior Court of Pennsylvania · 1930

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