Legal Opinion

Fletcher v. Hoblitzell

Supreme Court of Pennsylvania

Decided May 23, 1904No. Appeal, No. 81PublishedCited by 15 opinions

Appeal, No. 81, Jan. T., 1904, by plaintiff, from judgment of C. P. Bedford Co., April T., 1900, No. 75, for defendant non obstante veredicto in case of Frank Fletcher, Administrator of Charles C. Reamer, deceased; Legatee of Georgia Edith Manning, deceased, v. James J. Hoblitzell, The Savage Fire Brick Company and Van H. Manning. Assumpsit for royalties. Before Bell, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 81, Jan. T., 1904, by plaintiff, from judgment of C. P. Bedford Co., April T., 1900, No. 75, for defendant non obstante veredicto in case of Frank Fletcher, Administrator of Charles C. Reamer, deceased; Legatee of Georgia Edith Manning, deceased, v. James J. Hoblitzell, The Savage Fire Brick Company and Van H. Manning. Assumpsit for royalties. Before Bell, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Error assigned was in entering judgment for defendant non obstante veredicto.

1Opinion of the Court

Opinion op

Mb. Justice Mestbezat,

In 1887, Georgia Edith Reamer, subsequently intermarried with Van H. Manning, and her three sisters and one brother *340were the owners in fee of a tract of land situated partly in Bedford county and partly in Somerset county. By a lease dated January 3 of that year, they granted and leased to James J. Hoblitzell the exclusive right and privilege of mining and removing fire clay from the land for a term of fifty years, for which he was to pay them a minimum rental or royalty of $250 per month. Hoblitzell’s interest in the lease subsequently became vested by…

2Cases cited1 opinion

  1. Turbett v. TurbettSupreme Court of Pennsylvania · 1801

3Cited by15 opinions

  1. Feeney's EstateSupreme Court of Pennsylvania · 1928
  2. Baldesberger v. BaldesbergerSupreme Court of Pennsylvania · 1954
  3. Nelson v. MeadeSupreme Judicial Court of Maine · 1930
  4. Gillingham EstateSupreme Court of Pennsylvania · 1946
  5. Gunning's EstateSupreme Court of Pennsylvania · 1912

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