Cook v. Liston
Supreme Court of Pennsylvania
Appeal, No. 335, Jan. T., 1898, by defendant, from decree of C. P. Fayette Co., Equity Docket, No. 255, reforming deed as prayed for in plaintiff’s bill. Bill to reform deed. It appears from the record that on April 25, 1896, the plaintiff executed a deed to defendant conveying to him a certain tract of land in Fayette county containing 67.86 acres strict measure “ excepting all the coal heretofore sold, underlying the above described 67.86 acres of surface land.”
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Appeal, No. 335, Jan. T., 1898, by defendant, from decree of C. P. Fayette Co., Equity Docket, No. 255, reforming deed as prayed for in plaintiff’s bill. Bill to reform deed. It appears from the record that on April 25, 1896, the plaintiff executed a deed to defendant conveying to him a certain tract of land in Fayette county containing 67.86 acres strict measure “ excepting all the coal heretofore sold, underlying the above described 67.86 acres of surface land.” A few lines further on in the deed it proceeds as follows: “ This conveyance is made by the grantor and accepted by the grantee,…
1Opinion of the Court
Pek Gotham,
We are all of opinion that, upon the pleadings, and facts properly found by the learned referee and court below, this was a clear case for equitable relief, and that there was no error in • entering the decree recommended by the referee. The deed itself contains an expression that is strongly indicative of the fact that it was not the intention of the plaintiff to sell, nor of the defendant to buy the underlying nine-foot vein of coal in question. In the premises, the sixty-seven and eighty-six one hundredths acres of land, intended to be conveyed, is described, “ All that certain…
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