Guffey v. Free
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action of trespass, vi et armis, by Alexander Guffey v. William Free and several others. In the first count of the declaration the defendants were charged with injury to the plaintiff’s real estate. In the second, for taking and carrying away his personal estate. The third was for breaking and entering his close, and carrying away personal property which was attached to the freehold. The plea was, not guilty.
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Error to the Common Pleas of Westmoreland county. This was an action of trespass, vi et armis, by Alexander Guffey v. William Free and several others. In the first count of the declaration the defendants were charged with injury to the plaintiff’s real estate. In the second, for taking and carrying away his personal estate. The third was for breaking and entering his close, and carrying away personal property which was attached to the freehold. The plea was, not guilty. A judgment had been obtained before a justice of the peace in Allegheny county, by James MeClosky, for the use of Alexander…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
Where a trespass is committed bn real estate by a non-resident of the county wherein the real estate is situate, the sheriff may go beyond his bailiwick to serve the writ; and where the trespass, or breaking the plaintiff’s close, was committed for the purpose of carrying away his personal property therein, the plaintiff may recover for the entire injury. The character of the trespass on the real estate cannot be understood without showing the objects of the wrong-doer in making the entry, and these are best indicated by his acts. It is the…
2Cited by2 opinions
- Knappenberger v. RothSupreme Court of Pennsylvania · 1893
- Shultz v. Blank, Pennsylvania Court of Common Pleas, Delaware County1927