Staib v. Hayes
Supreme Court of Pennsylvania
FROM THE DECREE OE THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY, IN EQUITY. No. 101 October Term 1888, Sup. Ct.; court below, No. 370, in Equity. On September 11, 1882, Lewis Staib filed a bill in equity against W. S. B. Hayes, in substance for the partition of certain coal lands, to restrain the continuance of unlawful mining on the part of the defendant and for an account of coal mined a,nd removed.
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FROM THE DECREE OE THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY, IN EQUITY. No. 101 October Term 1888, Sup. Ct.; court below, No. 370, in Equity. On September 11, 1882, Lewis Staib filed a bill in equity against W. S. B. Hayes, in substance for the partition of certain coal lands, to restrain the continuance of unlawful mining on the part of the defendant and for an account of coal mined a,nd removed. On January 8, 1888, the defendant filed an answer, and issue being joined, Mr. John U. Murdoch was appointed examiner and master. On February 8, 1883, before any testimony was taken, the…
1Opinion of the Court
OPINION,
Mr. Justice Clank:
This is a bill for partition; there are prayers for discovery, for an injunction, for an account, and for other specific relief, but these are incidental only to the principal prayer of the bill, which is for partition. The plaintiff claims that although the written title is in the name of W. S. B. Hayes alone, the defendant and himself are the equal owners in common of the two hundred acres of coal land described in the bill, a trust having resulted in his favor as to the one half thereof, from payment by him of one half of the purchase money; and that being so…
2Cases cited5 opinions
- Earnest's AppealSupreme Court of Pennsylvania · 1884
- Longwell v. BentleySupreme Court of Pennsylvania · 1854
- Lloyd v. LynchSupreme Court of Pennsylvania · 1857
- McGinity v. McGinitySupreme Court of Pennsylvania · 1870
- Plumer v. GuthrieSupreme Court of Pennsylvania · 1875
3Cited by13 opinions
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- Royston v. MillerU.S. Circuit Court for the District of Nevada · 1896
- Lloyd's EstateSupreme Court of Pennsylvania · 1924
- Behringer's EstateSupreme Court of Pennsylvania · 1919
- Hanna v. ClarkSupreme Court of Pennsylvania · 1899
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