Legal Opinion

Trout v. McDonald

Supreme Court of Pennsylvania

Decided January 2, 1877PublishedCited by 6 opinions

Appeal from the Court of Common Pleas of Mercer county: Of October and November Term 1876, No. 210. Margaret J. Trout filed a bill in equity against John McDonald, to restrain him from sinking a certain shaft on her land, and from entering thereon, for the purpose of mining coal. The facts Avere as folloAVS:— In December 1867, M. C. Trout, the husband of the plaintiff, made a voluntary conveyance of a farm of 100 acres of land in Mercer county to his Avife.

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Appeal from the Court of Common Pleas of Mercer county: Of October and November Term 1876, No. 210. Margaret J. Trout filed a bill in equity against John McDonald, to restrain him from sinking a certain shaft on her land, and from entering thereon, for the purpose of mining coal. The facts Avere as folloAVS:— In December 1867, M. C. Trout, the husband of the plaintiff, made a voluntary conveyance of a farm of 100 acres of land in Mercer county to his Avife. This deed Avas not recorded till August 1874, and McDonald, the defendant, never knew of its existence till July of that year. In April…

1Opinion of the CourtJustice Paxsqn

There was no clear and distinct finding of the facts by the master in this case. So far as they are stated at all it is done argumentatively. This omission has been supplied by the learned judge of the court below, who has found the facts clearly, and.as the evi*146dence shows, in the- main correctly. We may therefore dismiss, without further remark, those of the specifications of error that relate to questions of fact. It remains but to inquire whether the conclusions of law arrived at by the learned judge are correct. Passing by the question, raised by the first assignment of error, as of no…

2Cited by6 opinions

  1. Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
  2. Dougherty, Tr. v. Thomas, Exr.Supreme Court of Pennsylvania · 1933
  3. Geiselbrecht v. GeiselbrechtSuperior Court of Pennsylvania · 1898
  4. Holden v. BanesSupreme Court of Pennsylvania · 1891
  5. Haines TrustSupreme Court of Pennsylvania · 1946

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