Orne v. Kittanning Coal Co.
Supreme Court of Pennsylvania
It had been argued before the court, Paxson, J., absent, May 26th, 1885: On’ October 5th, 1885. A re-argument was ordered. The attention of counsel ivas especially invited to the consideration of the question whether the defendants can avail themselves of the alleged fraud of Heylman upon Pomeroy to defeat the plaintiff’s recovery.
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It had been argued before the court, Paxson, J., absent, May 26th, 1885: On’ October 5th, 1885. A re-argument was ordered. The attention of counsel ivas especially invited to the consideration of the question whether the defendants can avail themselves of the alleged fraud of Heylman upon Pomeroy to defeat the plaintiff’s recovery. Error to the Court of Common Pleas of Blair county: Of January Term 1884, No. 35. This was an action of ejectment brought by Benjamin Orne against the Kittanning Coal Company for the undivided half of two certain tracts of land lying partly in Blair county and…
1Opinion of the CourtJustice Clark
By the terms of the contract of the 9th of October, 1856, it was agreed between T. G. Pomeroy and J. C. Heylman, that they would purchase, together, the Proctor title and. such other titles as might be necessary to secure to them the lands in controversy; that the legal title to said lands should be vested in Pomeroy, one-half for his own use and the other half for the use of Heylman; Pomeroy to convey the one-half, held in trust, to such person as Heylman might designate, “providing the purchase money for said J. C. Heylman’s interest is paid to the said T. G. Pomeroy, his heirs and assigns,…
2Cases cited1 opinion
- Gore v. KinneySupreme Court of Pennsylvania · 1840
3Cited by18 opinions
- Comstock v. ThompsonSupreme Court of Pennsylvania · 1926
- Scranton City v. Peoples Coal Co.Supreme Court of Pennsylvania · 1922
- Reynolds v. BolandSupreme Court of Pennsylvania · 1902
- Leland v. FordMichigan Supreme Court · 1929
- Goldberg v. GoldbergSupreme Court of Pennsylvania · 1953
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