McCloskey v. Powell

Citations

• 138 Pa. 383
• 21 A. 148
• 1891 Pa. LEXIS 1119

Syllabus

<p>[To be reported.]</p> <p>1. One who, claiming and asserting ownership, sells certain specified timber trees standing upon land which in fact does not belong to him, and distinctly authorizes tlieir removal from the land, will be liable as a co-trespasser with his vendee for a subsequent cutting and removal of the timber by the latter, in consequence of such sale and authority, and without the consent of the real owner.</p> <p>2. In such ease, the liability of the vendor of the timber will extend to the measure of damages prescribed by act of March 29, 1824, 8 Sm. L. 288, to wit, treble the value of the timber cut and removed, although he neither participated in person in such cutting and removal, nor employed the laborers who did it: McCloskey v. Powell, 123 Pa. 62, re-affirmed; but such statutory damages do not bear interest prior to their recovery.</p>