Grove v. Hodges
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county. This was an action of trespass q. e. f. to August Term 1864, brought by Michael J. Grove against Edward E. Hodges.
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Error to the Court of Common Pleas of Huntingdon county. This was an action of trespass q. e. f. to August Term 1864, brought by Michael J. Grove against Edward E. Hodges. Michael Garner was the owner of the locus in quo on the 16th of June 1855. On that day an instrument of writing was executed as follows:— “ Article of agreement made this 16th day of June, A. D. 1855, between Michael Garner, of Penn township, Huntingdon county, Pennsylvania, and William H. Irwin, of Lewistown, Pennsylvania, as follows: The said Michael Garner hereby sells to said Irwin, for the consideration of twenty-five…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1867, by
Strong, J.
— Of the deed from Garner to Grove, it is needless to say more than that it was a conveyance of a corporeal hereditament, and that it passed, in fee simple, the entire ownership of the iron-ore in the land described, if such an estate was in the grantor when the deed was made. This is not to be doubted with Caldwell v. Fulton before us. But Garner had made a grant to Irwin before his deed to Grove, not, indeed, as we think, a grant of a corporeal interest, but a grant of a right to take ore from the land. This grant was…
2Cases cited2 opinions
- Jackson ex dem. Hudson v. AlexanderNew York Supreme Court · 1808
- Jackson ex dem. v. FlorenceNew York Supreme Court · 1819
3Cited by26 opinions
- Philadelphia Ball Club, Ltd. v. LajoieSupreme Court of Pennsylvania · 1902
- Coca-Cola Bottling Co. v. Coca-Cola Co.District Court, D. Delaware · 1920
- York Metal & Alloys Co. v. Cyclops Steel Co.Supreme Court of Pennsylvania · 1924
- Northern Central Railway Co. v. WalworthSupreme Court of Pennsylvania · 1899
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
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