Rickol v. Seaton
Superior Court of Pennsylvania
Appeal, No. 113, April T., 1915, by plaintiff, from decree of C. P. Beaver Co., Sept. T., 1914, No. 4, dissolving preliminary injunction in case of Prank Rickol v. A. Seaton. Bill in equity for an injunction to restrain the defendants from cutting and removing standing timber.
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Appeal, No. 113, April T., 1915, by plaintiff, from decree of C. P. Beaver Co., Sept. T., 1914, No. 4, dissolving preliminary injunction in case of Prank Rickol v. A. Seaton. Bill in equity for an injunction to restrain the defendants from cutting and removing standing timber. Holt, P. J., stated the facts to be as follows: “In the autumn of 1912, the plaintiff sold to A. Seaton two certain pieces of timber on a tract of land for the sum of eight hundred and fifty dollars, the contract being in parol, and the purchase-money being all paid at the time the contract was made. In and by the…
1Opinion of the Court
Opinion by
Orlady, J.,
The court below granted a preliminary injunction to restrain the defendant from cutting and removing growing timber, and after a full hearing the injunction was dissolved, from which decree the plaintiff has taken this appeal.
The court found, as a fact, that the timber in controversy, with other timber, had been sold by the plaintiff to the defendant under an entire contract, and that a full and valuable consideration had been paid for the *338undivided body of growing trees. That while ah immediate removal of all the timber was talked about, it was not made an important or…
2Cases cited2 opinions
- Strause v. BergerSupreme Court of Pennsylvania · 1908
- Johnson v. BumpusSupreme Court of Pennsylvania · 1907
3Cited by4 opinions
- Havens v. PearsonSupreme Court of Pennsylvania · 1939
- Smith v. RidgeSuperior Court of Pennsylvania · 1916
- Haddad v. Enoch, Pennsylvania Court of Common Pleas, Somerset County1950
- Vogelbacher v. Walker, Pennsylvania Court of Common Pleas, Wayne County1925