Addleman v. Way
Supreme Court of Pennsylvania
Trespass quare clausum fregit, in cutting down trees. Pleas, non cul. and liberum tenementum. The plaintiff claimed under an application of Thomas Morris, dated 22d October 1766, for 300 acres, joining on the west by a survey on a large run, which leads into the east branch of Little Juniata, about one mile eastward from the path that leads from Little Juniata to Susquehannah, in Cumberland county.
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Trespass quare clausum fregit, in cutting down trees. Pleas, non cul. and liberum tenementum. The plaintiff claimed under an application of Thomas Morris, dated 22d October 1766, for 300 acres, joining on the west by a survey on a large run, which leads into the east branch of Little Juniata, about one mile eastward from the path that leads from Little Juniata to Susquehannah, in Cumberland county. It was marked No. 1629. An original draft of a survey made hereon was shewn in evidence, said to contain 350 acres. It was indorsed in the hand writing of Richard Tea (D. S.) “Thomas Morris 350…
1Opinion of the Court
The court interrupted Mr. C. Smith who had begun to address the jury on the part of the defendant. They said there could be no possible difficulty in the present form of action. Possession was essentially necessary to maintain trespass; and this not being shewn to have been in the plaintiff, he could not recover. At the same time to prevent further litigation, the court would give their sentiments on the title.
Morris’s warrant was not shifted from its true place. It is true it was not peculiarly descriptive and special, but it would *219suit the present tract as well as other lands. Its…
2Cited by1 opinion
- Lessee of Nicholas v. HollidaySupreme Court of Pennsylvania · 1802