Legal Opinion

Gailey v. New Castle Elastic Pulp Plaster Co.

Supreme Court of Pennsylvania

Decided October 7, 1907No. Appeal, No. 199Published

Appeal, No. 199, April T., 1907, by defendant, from decree of C. P. Lawrence Co., Sept. T., 1906, No. 1, on bill in equity in case of Robert C. Gailey v. New Castle Elastic Pulp Plaster Company. Bill in equity to reform a deed. The facts are stated in the opinion of the Superior Court. Error assigned was decree. in favor of the plaintiff.

1Opinion of the Court

Opinion by

Orlady, J.,

This bill in equity was filed June 11, 1906, for the purpose of reforming a deed made and delivered by the plaintiff to the defendant, so as to have reserved to the plaintiff, his heirs and assigns, the right to use any siding of a railroad track which might be constructed over the land conveyed, for the use of the plaintiff, his heirs and assigns on the adjoining land owned by him,

The plaintiff was the owner in fee of a tract of land in New Castle, and under a verbal proposition, a sale of a triangular piece of the larger tract was made to certain persons, who had formed…

2Cases cited12 opinions

  1. Grimes v. SandersSupreme Court of the United States · 1876
  2. Boyertown National Bank v. HartmanSupreme Court of Pennsylvania · 1892
  3. Pittsburgh & Steubenville Railroad v. GazzamSupreme Court of Pennsylvania · 1858
  4. Moore v. Niagara Fire InsuranceSupreme Court of Pennsylvania · 1901
  5. Graham v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1907

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