Saylor's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Somerset county. This was an appeal, by David Saylor, from the decree of the court below, on a bill in equity filed by him, March 20th 1855, against Conrad M. Hicks, Richard D. Johnson, and James Smith.
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Appeal from the Common Pleas of Somerset county. This was an appeal, by David Saylor, from the decree of the court below, on a bill in equity filed by him, March 20th 1855, against Conrad M. Hicks, Richard D. Johnson, and James Smith. On the 25th day of January 1853, David Saylor entered into an agreement with Conrad M. Hicks for the sale of the iron ore and coal imbedded under the surface of his farm, in the township of Summit, Somerset county, Pennsylvania, to himself, and his heirs or assigns, as much coal, &c., as he or they may want for their own use. On the 3d of April 1854, a deed was…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
That the evidence introduced on the trial of the issue sent to the jury was not certified, is no sufficient reason why the court should not have entered a decree. The facts found, to wit, that the deed and the agreement mentioned in the complainant’s bill were not fraudulently obtained, were certified. It is true that the evidence is usually certified along with the verdict. This is done that the chancellor may know whether the verdict accords with the weight of the evidence, and that he may determine whether he ought to disregard the…
2Cases cited1 opinion
- Cummins v. BennettNew York Court of Chancery · 1840
3Cited by4 opinions
- Beaver v. SlaneSupreme Court of Pennsylvania · 1921
- Alcorn v. Ward Co.Supreme Court of Pennsylvania · 1918
- Jamison v. FullertonDistrict Court, E.D. Arkansas · 1925
- Tallman-Anderson Co. v. Moore, Pennsylvania Court of Common Pleas, Delaware County1930