Fink v. Miller
Superior Court of Pennsylvania
Appeal, No. 56, Oct. T., 1900, by-plaintiffs, from judgment of O. P. Schuylkill Co., May T\, 1892, No. 284, for defendant non obstante veredicto in case of Joseph Fink and John F. Stoudt v. R. R. Miller and Griffith DeLong. Trespass to recover damages for cutting timber. Before Savidge, J. The opinion of the Superior Court states the case. Verdict for plaintiff for $900. The court entered judgment for defendant non obstante veredicto.
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Appeal, No. 56, Oct. T., 1900, by-plaintiffs, from judgment of O. P. Schuylkill Co., May T\, 1892, No. 284, for defendant non obstante veredicto in case of Joseph Fink and John F. Stoudt v. R. R. Miller and Griffith DeLong. Trespass to recover damages for cutting timber. Before Savidge, J. The opinion of the Superior Court states the case. Verdict for plaintiff for $900. The court entered judgment for defendant non obstante veredicto. Error assigned among others was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Beaver, J.,
In 1794 the commonwealth of Pennsylvania, by letters patent, conveyed to Andrew Douglas a tract of land, then in the county of Northampton, part of which is now in the county of Schuylkill, previously surveyed upon a warrant in the name of Alice Brown. The plaintiffs claim in trespass for timber cut upon this tract, alleging a conveyance to them by the heirs of Andrew Douglas. The defendants reply that the heirs of Andrew Douglas had nothing to convey, for the reason that his administrators applied for a sale of this, among other lands, for the payment of debts, in 1804;…
2Cases cited9 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Commonwealth v. ClarkSupreme Court of Pennsylvania · 1844
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Maple v. KussartSupreme Court of Pennsylvania · 1867
- Spragg v. ShriverSupreme Court of Pennsylvania · 1855
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3Cited by1 opinion
- Templeton v. Lehigh & Wilkes-Barre Coal Co.Superior Court of Pennsylvania · 1912