McCombs v. Rowan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 35, to October and November Term 1868. This was an action of trespass q. c.f. brought, June 26th 1865, by George McCombs against James M. Rowan. The pleas were “Not guilty,” and “Liberum tenementum.” The plaintiff and defendant owned adjoining pieces of land which originally had been included in one tract. Through the original tract was a public road called the “ Puckety road.”
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Error to the Court of Common Pleas of Allegheny county: No. 35, to October and November Term 1868. This was an action of trespass q. c.f. brought, June 26th 1865, by George McCombs against James M. Rowan. The pleas were “Not guilty,” and “Liberum tenementum.” The plaintiff and defendant owned adjoining pieces of land which originally had been included in one tract. Through the original tract was a public road called the “ Puckety road.” The plaintiff’s land was on the south side of the road and the defendant’s on the north side. The locus in quo was a strip of ground about forty rods long,…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Sharswood, J.
This was an action of trespass quare clausum fregit by the plaintiff in error, who was the plaintiff below, against the defendant. The pleas were not guilty, and liberum tenementum. The parties owned adjoining tracts of land through which ran a road called the Puckety road. It was contended by the defendant, that the true line between the properties began at a white-oak corner and ran south of the road, leaving a strip of land between, about 40 rods in length and from 5 to 15 feet in width. This strip was the locus in…
2Cases cited3 opinions
- Alternas v. CampbellSupreme Court of Pennsylvania · 1839
- Urket v. CoryellSupreme Court of Pennsylvania · 1842
- Switland v. HolgateSupreme Court of Pennsylvania · 1839
3Cited by1 opinion
- Knauer v. McKoonSuperior Court of Pennsylvania · 1902