Moss's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Chester county. This was an appeal by Alfred A. Moss from the decree of the ■court below, distributing the proceeds of a sheriff’s sale of the ■personal property of The Montgomery County Mining Company.
Read the full summary
Appeal from the Common Pleas of Chester county. This was an appeal by Alfred A. Moss from the decree of the ■court below, distributing the proceeds of a sheriff’s sale of the ■personal property of The Montgomery County Mining Company. On the 8th May 1851, Thomas Davis and wife demised to 'Michael Ryan, his heirs, executors, administrators, and assigns, for the term of ninety-nine years, the entire mining right to a ■certain tract of land owned by the lessors, in Schuylkill township, Chester county; and the lessee, for himself, his heirs, executors, administrators, and assigns, covenanted to…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The lease of 8th May 1851 was to become *164void and, of no effect, if the lessee or his representatives should cease mining on the premises for twelve consecutive months.
The auditor finds that the engine of the mining company, who had succeeded to the rights of the original lessee, stopped about the 8th or 9th of April 1854, and that after that period no work was done by the company. At the end of twelve consecutive months from that period, therefore, there was, by force of the original contract, a surrender of the term to the landlord, and a…
2Cases cited1 opinion
- Martin's AppealSupreme Court of Pennsylvania · 1843
3Cited by9 opinions
- Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
- In Re GoldsteinDistrict Court, E.D. Pennsylvania · 1940
- In re SloanDistrict Court, E.D. Pennsylvania · 1905
- SMI Industries, Inc. v. Lanard & Axilbund, Inc.District Court, E.D. Pennsylvania · 1979
- Kuhn Co. v. FellCourt of Appeals for the Third Circuit · 1915
4 more not listed; retrieve them via the Exa API.