Legal Opinion

New York & Cleveland Gas Coal Co. v. Graham

Supreme Court of Pennsylvania

Decided January 3, 1910No. Appeal, No. 124PublishedCited by 5 opinions

Appeal, No. 124, Oct. T., 1909, by defendant, from decree of C. P. No. 3, Allegheny Co., Feb. T., 1908, No. 427, on bill in equity in case of The New York & Cleveland Gas Coal Company v. W. H. Graham. Bill in equity to cancel á mortgage and quiet title.

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Appeal, No. 124, Oct. T., 1909, by defendant, from decree of C. P. No. 3, Allegheny Co., Feb. T., 1908, No. 427, on bill in equity in case of The New York & Cleveland Gas Coal Company v. W. H. Graham. Bill in equity to cancel á mortgage and quiet title. Miller, J., specially presiding, found the facts to be as follows: FINDINGS OF FACT. . 1. On December 27, 1895, W. H. Graham, the defendant, and Lizzie, his wife, conveyed to the plaintiff company, a corporation, a tract of land in Penn and Wilkins townships, containing about eighty acres underlaid with coal, for the consideration of…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

William H. Graham, the defendant, and Lizzie, his wife, by deed dated December 27, 1895, conveyed to the plaintiff company a tract of land in Allegheny county containing about eighty acres, for the consideration of $6,173.75, the plaintiff, in addition, to assume the payment of an existing mortgage on the premises for $1,643.75. The entire purchase money has been paid excepting $1,900 which remains in the mortgage given defendant as part of the purchase price, and which does not become due until two years after the death of William Robb and Mary, his wife, or the…

2Cases cited3 opinions

  1. Dull's AppealSupreme Court of Pennsylvania · 1886
  2. Robb v. New York & Cleveland Gas Coal Co.Supreme Court of Pennsylvania · 1907
  3. Stewart v. WestSupreme Court of Pennsylvania · 1850

3Cited by5 opinions

  1. Foxwell v. JusticeCourt of Appeals of Kentucky · 1921
  2. Lipsie v. DickeySupreme Court of Pennsylvania · 1953
  3. Sondag v. KeefeAppellate Court of Illinois · 1929
  4. Smith v. White Pine Lumber Co.Idaho Supreme Court · 1933
  5. Epstein v. Van Gilder, Pennsylvania Court of Common Pleas, Lehigh County1957

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