Greenwich Coal & Coke Co. v. Learn
Supreme Court of Pennsylvania
Appeal, No. 209, Oct. T., 1911, by plaintiff from judgment of C. P. Indiana Co., Dec. T., 1907, No. 233, on' verdict for defendant in case of Greenwich Coal and Coke Co. v. Elias Learn. Action under the Act of June 10, 1893, P. L. 115, on an issue to determine the title to coal under a certain piece of land. Before O’Connor, P. J., specially presiding.
Read the full summary
Appeal, No. 209, Oct. T., 1911, by plaintiff from judgment of C. P. Indiana Co., Dec. T., 1907, No. 233, on' verdict for defendant in case of Greenwich Coal and Coke Co. v. Elias Learn. Action under the Act of June 10, 1893, P. L. 115, on an issue to determine the title to coal under a certain piece of land. Before O’Connor, P. J., specially presiding. The plaintiff' claimed under a deed from Peter Learn dated September 9, 1902. The defendant claimed under a parol gift from Peter Learn made in 1880 or 1881 followed by possession and valuable improvements made. The plaintiff proved its title…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The evidence produced by the defendant was full, complete, satisfactory and clear, and upon a favorable view the jury could have definitely found the boundaries and the quantity of land claimed; that the parties to the gift had been brought face to face; that the gift had been made in express, direct, positive and unambiguous language; that it had been repeatedly acknowledged by the donor, and as often asserted by the donee; that, in pursuance of the gift, the latter had gone upon the property and made valuable improvements, the cost of which he had defrayed…
2Cases cited13 opinions
- Hart v. CarrollSupreme Court of Pennsylvania · 1877
- Caldwell v. CopelandSupreme Court of Pennsylvania · 1861
- Hottenstein v. LerchSupreme Court of Pennsylvania · 1882
- White v. PattersonSupreme Court of Pennsylvania · 1891
- Rowe v. ReamSupreme Court of Pennsylvania · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Allshouse's EstateSupreme Court of Pennsylvania · 1931
- Stonecipher v. KeaneSupreme Court of Pennsylvania · 1920
- Kurland v. StolkerSupreme Court of Pennsylvania · 1987
- Rarry Et Ux. v. Shimek Et Ux.Supreme Court of Pennsylvania · 1948
- Dawson v. CoulterSupreme Court of Pennsylvania · 1919
8 more not listed; retrieve them via the Exa API.