Beecher v. Newcomer
Superior Court of Pennsylvania
Appeal, No. 220, Oct. T., 1910, by plaintiffs, from judgment of C. P. Schuylkill Co., Sept. Term, 1903, No. 140, on verdict for defendants in case of John W. Beecher and Mahlon H. Boyer v. Theodore Newcomer et al. Trespass for cutting timber. Before Brumm, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiffs appealed.
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Appeal, No. 220, Oct. T., 1910, by plaintiffs, from judgment of C. P. Schuylkill Co., Sept. Term, 1903, No. 140, on verdict for defendants in case of John W. Beecher and Mahlon H. Boyer v. Theodore Newcomer et al. Trespass for cutting timber. Before Brumm, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants. Plaintiffs appealed. Errors assigned were (1-8) instructions referred to in the opinion of the Superior Court; (9-15) rulings as to the verdict.
1Opinion of the Court
Opinion by
Beaver, J,,
The determination of the question of fact raised in this case involves some of the fundamental principles governing the location of warrants for original surveys of unappropriated land belonging to the commonwealth. These questions are well settled and are, in the last analysis, not seriously controverted in the trial below, or in the argument here.
The most persuasive evidence of the original location of a survey are the monuments made upon the ground by the surveyor for that survey, such as the marking of trees for corners and lines, or the adoption of natural monuments,…
2Cases cited3 opinions
- Kramer v. KisterSupreme Court of Pennsylvania · 1898
- Wolfran v. EysterSupreme Court of Pennsylvania · 1838
- Eister v. PaulSupreme Court of Pennsylvania · 1867
3Cited by4 opinions
- Snaman v. Donahoe's IncorporatedSupreme Court of Pennsylvania · 1932
- Commonwealth v. ZierenbergSuperior Court of Pennsylvania · 1938
- Hitz v. Baron Bros., Pennsylvania Court of Common Pleas, Delaware County1923
- Otwell v. Baldwin, Pennsylvania Court of Common Pleas, Delaware County1947