McCormick v. Berkey
Supreme Court of Pennsylvania
Appeal, No. 187, Oct. T., 1912, by defendants, from judgment of O. P. Somerset Co., Sept. T., 1907, No. 116, on verdict for plaintiffs in case of Henry B. McCormick and Vance C. McCormick, Trustees of tbe Estate of Henry McCormick, Deceased, v. John A. Berkey and John R. Boose. Issue framed under tbe Act of June 10, 1893, P. L. 415, to determine title to minerals underlying tract of land in Quemakoning Township. Before Holt, P. J., specially presiding.
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Appeal, No. 187, Oct. T., 1912, by defendants, from judgment of O. P. Somerset Co., Sept. T., 1907, No. 116, on verdict for plaintiffs in case of Henry B. McCormick and Vance C. McCormick, Trustees of tbe Estate of Henry McCormick, Deceased, v. John A. Berkey and John R. Boose. Issue framed under tbe Act of June 10, 1893, P. L. 415, to determine title to minerals underlying tract of land in Quemakoning Township. Before Holt, P. J., specially presiding. The opinion of the Supreme Court states the case. The jury found a verdict in favor of the plaintiffs for the real estate in dispute, upon…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This was a proceeding instituted under the Act of June 10, 1893, P. L. 415, for the purpose of determining the rights and title of the plaintiffs and defendants to the minerals underlying 192 acres and 113 perches of land in Quemahoning Township, Somerset County. Notwithstanding the numerous assignments of error there are but two questions for consideration here and both were properly disposed of in the court below. The exhaustive opinion refusing judgment non obstante veredicto dealing with the facts and law of the case filed by the learned trial judge renders…
2Cases cited2 opinions
- Brown v. HaysSupreme Court of Pennsylvania · 1870
- Wilmoth v. CanfieldSupreme Court of Pennsylvania · 1874
3Cited by7 opinions
- Laidley v. RoweSupreme Court of Pennsylvania · 1923
- Nypen Corporation v. SechristSuperior Court of Pennsylvania · 1939
- Bell's PetitionSupreme Court of Pennsylvania · 1918
- Mostoller v. Pile, Pennsylvania Court of Common Pleas, Somerset County1977
- Muccioli v. Kaminski, Pennsylvania Court of Common Pleas, Cambria County1951
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