Shiffer v. Broadhead

Citations

• 126 Pa. 260
• 17 A. 592
• 1889 Pa. LEXIS 866

Syllabus

<p>1. Under § 1, act of June 22, 1871, P. L. 1363, supplemental to the act of March 23, 1870, P. L. 540, extending to Wayne and Luzerne counties the Bradford county reference act of April 6, 1869, P. L. 725, the Court of Common Pleas may recommit the report of a referee for the purpose of taking additional testimony to enable him to report upon a material fact undetermined.</p> <p>2. Under the act of September 30,1791, 3 Sm. L. 59, and subsequent acts, justices of the peace are authorized to receive proof of the execution oi deeds and other instruments of writing, by the .oath of a subscribing witness, whether the grantor be living or not, and the record of such instrument so duly proved is competent evidence.</p> <p>3. Though the defendant in an action for the cutting down and conversion of timber trees, under § 3, act of March 27, 1824, 8 Sm. L. 283, have the right to enter upon the plaintiff’s lands to cut certain trees under a contract, yet if he cut down and convert other trees which he has no right to cut under his contract, as to such trees he becomes a trespasser and is liable under said act.</p>