Russell v. Baughman
Supreme Court of Pennsylvania
• Error to the Court of Common Pleas of Bedford county: Of May Term 1880, No. 85. Ejectment by Jeremiah Baughman and Jacob J. Barndollar against Samuel L. Russell, Thomas A. Scott, Jonathan II.
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• Error to the Court of Common Pleas of Bedford county: Of May Term 1880, No. 85. Ejectment by Jeremiah Baughman and Jacob J. Barndollar against Samuel L. Russell, Thomas A. Scott, Jonathan II. Seymour, Reese D. Fell and Ella G. Fell, his wife, Harry S. Gratz, Lewis C. Gratz and Walter Gratz, the said Ella, Harry S., Lewis C. and Walter being heirs at law of Robert H. Gratz, deceased, being minors, and having for their guardian, Henry A. Stiles— and the Kemble Coal and Iron Company, to recover a tract of land, including the iron, ore and minerals upon and under it, with the exclusive right to…
1Opinion of the CourtJustice Mercur
Ejectment in' Pennsylvania is an equitable action : Peebles v. Reading, 8 S. & R. 484. When brought to enforce the execution of an agreement to convey, it is a substitute for a bill in equity. When a party calls upon a court of equity to enforce specific performance he must show that he has himself been ready, prompt and desirous of performing on his part. If he has been guilty of gross laches and unreasonable delay, if he has slept on his rights, and by conduct, long persisted in, conveyed the idea that he had abandoned them, he cannot, after there has been a material change of circumstances…
2Cases cited1 opinion
- Patterson v. MartzSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Mullin v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Stewart's EstateSupreme Court of Pennsylvania · 1924
- Barrett v. Avon Garage Co., Pennsylvania Court of Common Pleas, Philadelphia County1948