Wick v. Bredin
Supreme Court of Pennsylvania
Appeal, No. 162, Oct. T., 1898, by defendants, from decree of C. P. Mercer Co., June T., 1897, No. 1, on bill in equity. Bill in equity to declare mining improvements part of realty.
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Appeal, No. 162, Oct. T., 1898, by defendants, from decree of C. P. Mercer Co., June T., 1897, No. 1, on bill in equity. Bill in equity to declare mining improvements part of realty. The facts appear by the opinion of Miller, P. J., which was as follows: By an agreement dated February 10, 1870, as modified by agreements dated January 20,1881, and June 15,1888, Thomas Vernam granted to A. G. Egbert the coal underlying a tract of land in Jackson township, Mercer county, subject to the payment of royalty, the minimum quarterly royalty being |250, payable on the 1st days of January,. April, July…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The facts in this case are fully found and orderly stated in the able opinion of the learned judge of the court below. The questions raised by this appeal, are whether his conclusions of law from the facts are warranted. Those conclusions are as follows:
“ 1. That under the agreements set forth in the first paragraph of plaintiffs ’ bill, the plaintiffs had the right to terminate the estate of the second party, and his assigns, by forfeiture for nonpayment of the royalty stipulated for in said agreement. And, under the evidence in this case, such forfeiture was…
2Cases cited3 opinions
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Hill v. SewaldSupreme Court of Pennsylvania · 1867
- Seeger v. PettitSupreme Court of Pennsylvania · 1875
3Cited by23 opinions
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- McClintock & Irvine Co. v. Ætna Explosives Co.Supreme Court of Pennsylvania · 1918
- Baldwin v. American Motor Sales Co.Supreme Court of Pennsylvania · 1932
- Elizabethtown Lodge No. 596 v. EllisSupreme Court of Pennsylvania · 1958
- Penn-Lehigh Corp. AppealSuperior Court of Pennsylvania · 1960
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