Reed v. Broad Top Lumber Co.

Citations

• 236 Pa. 555
• 85 A. 17
• 1912 Pa. LEXIS 797

Syllabus

<p>Land law survey — Warrant — Titles—Trespass for cutting timber.</p> <p>In an action to recover damages for cutting timber the plaintiffs were compelled to rely on a paper title. They claimed two tracts under a deed made in 1854; the title to one of the tracts failed because it was shown that a survey made in 1787, on which the title was based, was void. The deed made in 1854 recited that the title of the grantors to the second tract was based upon a certain improvement right. The plaintiffs disclaimed any right to recover on the improvement right. They claimed that the title of the second tract was based on a survey made in 1805, but produced no evidence to contradict the recital in the deed of 1854. Held,-that the plaintiffs, having failed to establish title, were not entitled to recover damages for the timber cut.</p>