Legal Opinion

Wickham v. Sutton

Superior Court of Pennsylvania

Decided April 15, 1907No. Appeal, No. 36PublishedCited by 3 opinions

Appeal, No. 36, Jan. T., 1907, by plaintiff, from judgment of C. P. Luzerne Co., May T., 1905, No. 160, on verdict for defendant in case of Charles L. Wick-ham v. Leo A. Sutton and William H. Freeman. Trespass quare clausum fregit. Before Staples, P. J., specially presiding.

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Appeal, No. 36, Jan. T., 1907, by plaintiff, from judgment of C. P. Luzerne Co., May T., 1905, No. 160, on verdict for defendant in case of Charles L. Wick-ham v. Leo A. Sutton and William H. Freeman. Trespass quare clausum fregit. Before Staples, P. J., specially presiding. The court charged in part as follows : This is an action of trespass brought by the plaintiff in this case against the defendants, primarily to recover damages for an alleged injury done to the land which the plaintiff claims he owned or had the title to, and, as you can easily understand, the real contention in this case…

1Opinion of the Court

Opinion by

Hendekson, J.,

The plaintiff acquired title to twenty-seven acres and ninety-four and one-half perches of land, part of a tract belonging to the grantors, by deed from Thomas Taylor and others in 1872. Part of this land was improved and part wooded. The trespass complained of was on a piece of uninclosed and unimproved land adjoining the twenty-seven acres and ninety-four and one-half perches. The plaintiff claimed to have bought this additional land from one F. V. Taylor and a paper was offered in evidence in support of the claim, purporting to have been signed by F. Y. Taylor. The…

2Cases cited1 opinion

  1. McArthur v. KitchenSupreme Court of Pennsylvania · 1875

3Cited by3 opinions

  1. Smith v. PetermanSuperior Court of Pennsylvania · 1978
  2. Seven Springs Farm, Inc. v. KingSuperior Court of Pennsylvania · 1975
  3. Snook v. Oburn, Pennsylvania Court of Common Pleas, Snyder County1979

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