Kissecker v. Monn
Supreme Court of Pennsylvania
Error, to the Common Pleas of Franklin county. This was an action of trespass quare clausum fregit by Conrad Monn against John Kissecker. David Fullerton was the owner of a large tract of land on which was erected a grist mill.
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Error, to the Common Pleas of Franklin county. This was an action of trespass quare clausum fregit by Conrad Monn against John Kissecker. David Fullerton was the owner of a large tract of land on which was erected a grist mill. In 1808, he conveyed a portion of the tract to Philip Snyder, under whom the plaintiff claimed title, reserving the free use and privilege of the ground over which the water in the tail-race flowed to his mill, so far' as the said race ran through the land conveyed. On the 24th April 1818, Fullerton conveyed the remainder of the tract to Nicholas Kissecker, the…
1Per curiam
The charge of the learned Judge of the Common Pleas is so well adapted to the case, and so just in its principles, *317that we do not feel called' upon to do more than express our approval of it. It is quite evident, that the verdict is founded on the second and third counts; but the first is good, and it does not hurt the defendant, that the judgment was entered on all of them.
Judgment affirmed.
2Cited by3 opinions
- Dussell v. Kaufman Construction Co.Supreme Court of Pennsylvania · 1960
- Truby v. American Natural Gas Co.Superior Court of Pennsylvania · 1909
- Bennett v. Pennsylvania Electric Co., Pennsylvania Court of Common Pleas, Cambria County1960