Gearhart v. Gwinn
Superior Court of Pennsylvania
Appeal, No. 81, April T., 1906, by plaintiff, from judgment of C. P. Cambria Co., Dec. T., 1902, No. 278, on verdict for defendants in case of S. C. Gearhart and S. D. McCartner v. Luther Gwinn and Thomas Gwinn. Ejectment for coal in Read township. Before O’Cosr-ÍTOK, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 81, April T., 1906, by plaintiff, from judgment of C. P. Cambria Co., Dec. T., 1902, No. 278, on verdict for defendants in case of S. C. Gearhart and S. D. McCartner v. Luther Gwinn and Thomas Gwinn. Ejectment for coal in Read township. Before O’Cosr-ÍTOK, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court admitted G. B. Kuhn to testify, under objection, as to the amount of expense incurred in developing the opening of the mine or drift, which testimony, objection and ruling of the court thereon are as follows : “ Q. Can you state how much…
1Opinion of the Court
Opinion by
Beaver, J.,
A careful analysis of the facts of this case, which are not sufficiently stated by the appellants in their history to give a complete understanding of it, will make easy the application of the few simple legal principles involved.
The action is ejectment for “ the coal known as the ‘ Great Bend coal seam or vein ’ in and under ” two pieces or parcels of land purchased, on December 5,1894, at sheriff’s sale by the Hon. Martin Bell, the surface of which was conveyed by the said Bell to Frederick Bland on May 25, 1899. The coal described in the deed to him as “ all that…
2Cases cited1 opinion
- Dick v. IrelandSupreme Court of Pennsylvania · 1889
3Cited by1 opinion
- Barrow v. NewtonSuperior Court of Pennsylvania · 1913