Legal Opinion

Morris v. Metalline Land Co.

Supreme Court of Pennsylvania

Decided October 8, 1894No. Appeals, Nos. 307, 326 and 368PublishedCited by 6 opinions

Appeals, Nos. 307, 326 and 368, from decree of C. P. No. 2, Phila. Co., March T., 1889, No. 86, on bill in equity. Bill in equity by the trustees of the Metalline Land Co. to determine the parties entitled to participate in the proceeds of the sale of certain lands of the company. The facts appear by the opinion of the Supreme Court.

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Appeals, Nos. 307, 326 and 368, from decree of C. P. No. 2, Phila. Co., March T., 1889, No. 86, on bill in equity. Bill in equity by the trustees of the Metalline Land Co. to determine the parties entitled to participate in the proceeds of the sale of certain lands of the company. The facts appear by the opinion of the Supreme Court. Errors assigned were in overruling exceptions to the master’s findings that the assessments and forfeitures of the stock were legal and that appellants were barred by laches, and in not allowing them to participate in the distribution of the fund.

1Opinion of the Court

Opinion by

Mb. Justice Gbeen,

The proceeding in this case is a bill in equity filed b}r certain trustees of a fund arising from the sale of lands owned by *330the defendant land company. “The company is unincorpo rated and is a partnership organized on the joint stock plan by a contract entered into by the members: ” Oliver’s Estate, 130 Pa. 58. It is composed of numerous members whose interests in the company are represented by certificates of stock of which there were to be twenty thousand of five dollars each. The business of the company was to be the purchasing of lands, developing mines of…

2Cases cited6 opinions

  1. Hughes v. Antietam Manufacturing Co.Court of Appeals of Maryland · 1871
  2. People ex rel. Pulford v. Fire Department of DetroitMichigan Supreme Court · 1875
  3. Westcott v. the Minnesota Mining CompanyMichigan Supreme Court · 1871
  4. Wheeler v. HarrisonSupreme Court of Georgia · 1876
  5. In re the order of the arrest of PearsonSupreme Court of Florida · 1859

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3Cited by6 opinions

  1. Kirleis v. Dickie, McCamey & Chilcote, P.C.Court of Appeals for the Third Circuit · 2009
  2. Ruck v. Caledonia Silver Mining Co.California Court of Appeal · 1907
  3. Pennsylvania Co. v. Forrest Hill Building & Loan Ass'nSuperior Court of Pennsylvania · 1936
  4. Germantown Trust Co. v. Forrest Hill Building & Loan Ass'nSuperior Court of Pennsylvania · 1936
  5. Home State Bk. of Manhattan v. SwartzMontana Supreme Court · 1926

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