Brewer v. Fleming
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Forest County. In the court below this was an action of replevin brought by Fleming, the defendant in error, against Brewer, Williams, Black and Frasier, the plaintiffs in error, to recover 10,000 feet of timber which had.been cut by the defendants, on land claimed by the plaintiff to be his. The timber wa!s replevied, and 4000 feet of it were taken away by the plaintiff.
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Error, to the Court of Common Pleas of Forest County. In the court below this was an action of replevin brought by Fleming, the defendant in error, against Brewer, Williams, Black and Frasier, the plaintiffs in error, to recover 10,000 feet of timber which had.been cut by the defendants, on land claimed by the plaintiff to be his. The timber wa!s replevied, and 4000 feet of it were taken away by the plaintiff. A claim property bond was given by the defendants, and the remainder was delivered to them. A verdict for $846 was rendered for the plaintiff, on which judgment was entered, and a writ…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
Notwithstanding the numerous errors assigned, there are but two principal questions in this case ; the first involving the relation of Williams, Black & Co. to the land, and the *112second the form of action. Fleming, the plaintiff below, brought replevin for ten thousand feet of timber cut by George Frazier for Williams, Black & Co., upon a tract of land claimed by both parties. Fleming claims as equitable owner of the land, through a purchase by Isaac Clover from Lane & Mylert in 1854; Williams, Black & Co. claim the same land, first by…
2Cases cited2 opinions
- Wright v. GuierSupreme Court of Pennsylvania · 1840
- Cowden v. StevensonOhio Supreme Court · 1832
3Cited by2 opinions
- Brink v. Lackawanna Mutual Fire InsuranceSuperior Court of Pennsylvania · 1927
- Shaeffer v. Baeringer, Pennsylvania Court of Common Pleas, Philadelphia County1942