McCullough v. Staver
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF CLINTON COUNTY. Nos. 118 January Term 1887, and 184 January Term 1888, Sup. Ct.; court below, No. 254 September Term 1886, C. P. On September 22,1886, a summons in ejectment was issued by James M. Staver against Robert McCullough, to recover lands in Gallagher township. The plea was not guilty.
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ERROR TO THE COURT OF COMMON PLEAS OF CLINTON COUNTY. Nos. 118 January Term 1887, and 184 January Term 1888, Sup. Ct.; court below, No. 254 September Term 1886, C. P. On September 22,1886, a summons in ejectment was issued by James M. Staver against Robert McCullough, to recover lands in Gallagher township. The plea was not guilty. At the trial on May 19,1887, it was shown on the part of the plaintiff: That on April 3, 1883, Robert McCullough made a contract in writing to sell to James M. Staver three adjoining tracts of unseated land in Gallagher township, reserving the hemlock and oak…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
In April, 1883, McCullough was the owner of a tract of land containing fifteen hundred and twenty-two acres. He contracted in writing to sell the tract to James M. Staver for $3,000, with a reservation of all the hemlock and oak tan-bark to himself, with the right of entry to take and remove the same in quantities of from five hundred cords upwards, each season, as might suit his own business purposes. Staver had six months within which to pay the purchase money, and upon payment was entitled to a deed; but no part of the purchase-money was paid down, nor was…
2Cited by2 opinions
- Bradley v. Burke, Pennsylvania Court of Common Pleas, Lancaster County1948
- Dickinson v. MaynardSupreme Court of Louisiana · 1868