Legal Opinion

Corson v. Mulvany

Supreme Court of Pennsylvania

Decided February 6, 1865PublishedCited by 15 opinions

Error to tbe Common Pleas of Montgomery county. This was an action of ejectment, brought by Daniel H. Mulvany against Hiram Corson, to recover between seven and eight acres of land, by the enforcement of the following agreement between plaintiff and defendant, dated 12th December 1863 :— “ Dr. Hiram Corson hereby agrees that D. H. Mulvany shall dig five shafts for iron-ore on the lot of said Corson, fronting on the Spring Mill and Marble Hall Road, and bounded by lands of…

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Error to tbe Common Pleas of Montgomery county. This was an action of ejectment, brought by Daniel H. Mulvany against Hiram Corson, to recover between seven and eight acres of land, by the enforcement of the following agreement between plaintiff and defendant, dated 12th December 1863 :— “ Dr. Hiram Corson hereby agrees that D. H. Mulvany shall dig five shafts for iron-ore on the lot of said Corson, fronting on the Spring Mill and Marble Hall Road, and bounded by lands of Joseph Ereas and others, in Whitemarsh township, containing seven and three-quarters acres, at any time prior to the 1st…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

Corson agreed that Mulvany should be permitted to dig five shafts on his lot in search of iron-ore, between the date of his agreement and the 1st of April following, and if then Mulvany desired to purchase the lot at $1000, he should have the right and privilege of doing so; the purchase-money to be paid, $200 in execution of the deed, and $800 in two years thereafter, with interest, and to be secured by mortgage on the premises.

The first and second assignments of error will be considered together. Corson offered to prove that, by the…

2Cases cited2 opinions

  1. Campbell v. ShrumSupreme Court of Pennsylvania · 1834
  2. Wilson v. ClarkeSupreme Court of Pennsylvania · 1841

3Cited by15 opinions

  1. Driebe v. Fort Penn Realty Co.Supreme Court of Pennsylvania · 1938
  2. Barnes v. ReaSupreme Court of Pennsylvania · 1908
  3. Yerkes v. RichardsSupreme Court of Pennsylvania · 1893
  4. Barnes v. ReaSupreme Court of Pennsylvania · 1908
  5. Medoff v. VandersaalSupreme Court of Pennsylvania · 1921

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