Duke v. Hague
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: Of January Term, 1884, No. 371. This was an action of ejectment, brought by William Duke, Joseph Duke, Elias Harrison and Henry Johnson against W. W. Hague to recover a tract of land in Warren county. By agreement of the parties, trial by jury was waived and tbe case was tried under the Act of April 22, 1874, by Olmsted, J., of tbe Fourth Judicial District.
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Error to the Court of Common Pleas of Warren county: Of January Term, 1884, No. 371. This was an action of ejectment, brought by William Duke, Joseph Duke, Elias Harrison and Henry Johnson against W. W. Hague to recover a tract of land in Warren county. By agreement of the parties, trial by jury was waived and tbe case was tried under the Act of April 22, 1874, by Olmsted, J., of tbe Fourth Judicial District. The following were his findings of fact and conclusions of law: Joseph Hail, the common source of title, on the 8th day of February, 1870, conveyed to John Hill, A. B. Butterfield, E. L.…
1Opinion of the CourtJustice TbuNKEY
Clapp and others granted, demised and leased unto Hague “ the exclusive right for the sole and only purpose of mining and excavating ior petroleum, rock or carbon oil, all that *66certain tract of land,” being one half of a large number of lots, the lessee “ to have one half of the above lots in alternate quarters,” and “to hold the said premises exclusively for the said purposes only,” for the term of twenty years. The purpose of the lease is first named, but that the land is leased for that purpose is as plain as if the description of the land preceded the clause restricting its use. Eollowing…
2Cases cited2 opinions
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- Irwin v. HoffmanSupreme Court of Pennsylvania · 1935
- The Pennsylvania Bank & Trust Co. v. DickeySuperior Court of Pennsylvania · 1975
- Caldwell v. SnyderSupreme Court of Pennsylvania · 1896
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