Phillips v. Stroup

Citations

• 1 Monag. 517
• 17 A. 220
• 1889 Pa. LEXIS 1333

Syllabus

<p>Under the recording Acts, where a grantee of land neglects to record his deed, and the original owner executes another deed to one who takes with notice of the first deed, a vendee of the second grantee, who takes without notice, is protected.</p> <p>In an action of replevin to recover damages for hark removed from trees, where the defendant had notice that the plaintiff claimed title in the trees, the measure of damages is the value of the hark at the time and place where replevied, and not merely the value of the hark on the trees.</p> <p>In an action of replevin to recover damages for hark removed from trees, it is not improper practice to permit a statement of plaintiff’s claim, to he sent out with the jury.</p>