Ullom v. Hughes
Supreme Court of Pennsylvania
Appeal, No. 64, Oct. T., 1902, by plaintiff, from order of C. P. Greene Co., May T., 1901, No. 19, refusing an issue to quiet title in case of petition of Harrison Ullom. Petition for an issue to quiet title to lands. From tbe record it appeared that on August 9,1899, Harrison Ullom, an owner of lands in Greene county, gave to William T. Hughes an option in writing to purchase the coal under the said lands and a portion of the surface.
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Appeal, No. 64, Oct. T., 1902, by plaintiff, from order of C. P. Greene Co., May T., 1901, No. 19, refusing an issue to quiet title in case of petition of Harrison Ullom. Petition for an issue to quiet title to lands. From tbe record it appeared that on August 9,1899, Harrison Ullom, an owner of lands in Greene county, gave to William T. Hughes an option in writing to purchase the coal under the said lands and a portion of the surface. The option ran until December 1,1899. Hughes assigned his interest in the option to one Slease. Slease on November 30, 1899, caused a notice of acceptance to…
1Opinion of the Court
Opinion bv
Mb. Justice Mitchell,
The plaintiff being the owner of land, gave an option to the assignor of the present defendant, to purchase the coal and part of the surface, upon notice of acceptance before a certain date, payment, etc., the plaintiff covenanting on his part to furnish a survey, abstract of title, and general warranty deed, clear of incumbrances. As to these facts there is no dispute between the parties, but each charges the other with subsequent default in the performance of his covenants.
The learned judge below held that there was no denial of , plaintiff’s title but that…
2Cases cited1 opinion
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- Clark v. ClarkSupreme Court of Pennsylvania · 1917
- Heller v. FishmanSupreme Court of Pennsylvania · 1924
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