Swearingen v. Barnsdall
Supreme Court of Pennsylvania
Appeal, No. 84, Oct. T., 1904, by plaintiff from decree of C. P. No. 1, Allegheny Co., June T., 1903, No. 56, dismissing bill in equity, in case of T. Brent Swearingen, Assignee of Cochran Fleming v. Theodore N. Barnsdall. Bill in equity for discovery and for an accounting of profits from the operation of oil and gas wells.
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Appeal, No. 84, Oct. T., 1904, by plaintiff from decree of C. P. No. 1, Allegheny Co., June T., 1903, No. 56, dismissing bill in equity, in case of T. Brent Swearingen, Assignee of Cochran Fleming v. Theodore N. Barnsdall. Bill in equity for discovery and for an accounting of profits from the operation of oil and gas wells. Before Brown, J. From the record it appeared that the court summarized the pleadings as follows: Upon March 6, 1903, T. Brent Swearingen, assignee of Cochran Fleming, filed a bill in equity against Theodore N. Barnsdall, alleging (a) ownership by plaintiff of half interest…
1Opinion of the Court
Per Curiam,
The learned judge below found first that this was a bill for an account by one claiming to be a joint owner, but who was out of possession and had not established his title at law, referring to Frisbee’s Appeal, 88 Pa. 144; and secondly that the only question in the case was the title and possession of land in West Virginia. Either ground would require the dismissal of the bill.
Decree affirmed.
2Cases cited1 opinion
- Frisbee v. IrvinSupreme Court of Pennsylvania · 1879
3Cited by1 opinion
- Smith et.al. v. KingsleySupreme Court of Pennsylvania · 1934