Philadelphia & Reading Railroad v. Lehigh Coal & Navigation Co.
Supreme Court of Pennsylvania
Appeals in Equity from the Court of Nisi JPrius. These were cross-bills in equity, the first filed by The Philadelphia and Reading Railroad Company against The Lehigh Coal' and Navigation Company, and Caleb Cope and James Cox, the surviving trustees in a mortgage executed by the defendant corporation, to enforce the specific performance of a contract for the sale of certain wharf property in the city of Philadelphia, reserving a ground-rent of $6000 per annum, instead of the…
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Appeals in Equity from the Court of Nisi JPrius. These were cross-bills in equity, the first filed by The Philadelphia and Reading Railroad Company against The Lehigh Coal' and Navigation Company, and Caleb Cope and James Cox, the surviving trustees in a mortgage executed by the defendant corporation, to enforce the specific performance of a contract for the sale of certain wharf property in the city of Philadelphia, reserving a ground-rent of $6000 per annum, instead of the sum of $100,000 being secured by mortgage payable on instalments, as agreed upon; and the other by the original…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The bills in these cases were cross-bills in equity upon the same transaction, and may be considered together; as the determination in one ease will mainly determine both.
The Philadelphia and Reading Railroad Co., the vendees of the Lehigh Coal and Navigation Co., sets forth a contract of the 6th April 1859, with the latter, for the purchase of the Willow street property in the City of Philadelphia and its terms; but aver the inability of that company to make a title clear of the encumbrance of the trust mortgage of 7th March 1842, on the…
2Cited by6 opinions
- Ruth v. CraneDistrict Court, E.D. Pennsylvania · 1975
- Ellis v. TreatCourt of Appeals for the Ninth Circuit · 1916
- Himrod v. McFaydenSupreme Court of Pennsylvania · 1925
- Hunter v. AndersonSupreme Court of Pennsylvania · 1893
- Pomeroy v. HogleArizona Supreme Court · 1945
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