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WILL v. PIPER (ET AL. (07/26/57)

July 26, 1957

WILL
v.
PIPER (ET AL., APPELLANT).



Appeal, No. 209, April T., 1955, from judgment of Court of Common Pleas of Westmoreland County, Nov. T., 1953, No. 236, in case of Gretta Will v. William I. Piper et al. Judgment affirmed.

COUNSEL

A.C. Scales, with him Scales & Shaw, for appellant.

James Gregg, with him Vincent E. Williams, Smith, Best & Horn, and Portser, Gregg & Nichols, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Wright

[ 184 Pa. Super. Page 314]

OPINION BY WRIGHT, J.

Gretta Will instituted an action in ejectment, and in trespass for damages, by filing a complaint and abstract of title in which she alleged that she was the owner of certain land in Ligonier Township, Westmoreland County; that defendant Larkins owned the property adjoining her to the north and east; that Larkins contracted with defendants Piper for the cutting and removal of timber therefrom; and that the defendants wrongfully cut and removed timber from her land,

[ 184 Pa. Super. Page 315]

    and had possession of a part thereof which they refused to relinquish. The defendants filed an answer with abstract of title. After a three-day trial, the jury found for the plaintiff in the trespass action against defendants Piper in the sum of $1000.00, and in the ejectment action found a special verdict, agreed upon as to form, for the plaintiff against both the Pipers and Larkins. Motions for new trial and judgment n.o.v. were overruled by the court en banc, and the prothonotary was directed to enter judgment on the verdicts. Larkins has appealed.

The description of the Will tract in the complaint is as follows: "BEGINNING at a point at the line of intersection of land of, or formerly of, Charles Frisk with land of, or formerly of, S. Hanks and D. Rhoads; thence, along the line of said land formerly of Charles Frisk, North 46 1/2 degrees East, two hundred eighty rods (280) rods to a point on other land of, or formerly of, Joseph Johnston and Sarah Johnston; thence along the same, South 78 degrees East fifty-nine (59) rods, to a stone; thence South 46 1/2 degrees West two hundred seventy-four (274) rods to a stone; thence North 78 degrees West, fifty-nine (59) rods, to the place of beginning, containing one hundred two (102) acres, strict measure". There was excepted and reserved a tract of approximately 8 acres not here material.

The description of the Larkins tract in the answer is as follows: "BEGINNING at a chestnut stump corner of lands now or formerly of William Sutton and St Clair Forest; thence North 40 degrees West 2415 feet to a chestnut stump corner of lands now or formerly of Alex Himler; thence North 50 degrees East 4405 feet to stones; thence continuing along land now or formerly of Alex Himler, North 40 degrees West 1347 feet to post; thence along lands now or formerly of Robert Anderson and now or formerly of Charles Frisk, North 47 degrees East 3825 feet to a

[ 184 Pa. Super. Page 316]

    post; thence continuing along land now or formerly of Charles Frisk, North 43 degrees West 800 feet to a post; thence along land now or formerly of - Ross, North 51 degrees East 2105 feet to a gum tree; thence along land now or formerly of John Curry, South 3 degrees East 6998 feet to stones; thence along lands now or formerly of Nils Skroder, North 69 degrees West 1459 feet to a hickory; thence along lands now or formerly of Victor Nordstrom, South 47 degrees West 4606 feet to a post; thence along lands of Sutton aforesaid, North 75 degrees West 297 feet to stones; thence South 15 degrees West 726 feet to a chestnut stump, the place of beginning. ...


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