Walters v. McElroy
Supreme Court of Pennsylvania
Appeal, No. 241, Oct. T., 1890, by plaintiff, George Walters, from decree of O. P. Clarion Co., Jan. T., 1888, No. 1, in equity, in favor of defendants, Joseph McElroy et al. Bill in equity for injunction to restrain continuing trespass. The facts and material averments of the bill and answer are stated in the opinion of the Supreme Court.
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Appeal, No. 241, Oct. T., 1890, by plaintiff, George Walters, from decree of O. P. Clarion Co., Jan. T., 1888, No. 1, in equity, in favor of defendants, Joseph McElroy et al. Bill in equity for injunction to restrain continuing trespass. The facts and material averments of the bill and answer are stated in the opinion of the Supreme Court. The agreement set up in the answer as a defence was under seal, and provided that “ the party of the first part [plaintiff] hereby for the consideration of one dollar in hand paid, as well as the agreements hereinafter mentioned, agree to sell and do hereby…
1Opinion of the Court
Opinion by
Mb. Justice Heydbick,
The principal question in this cause is one of- jurisdiction. The plaintiff averred that he was the owner in fee of a tract of land situate in Madison township, Clarion county, and had for certain considerations sold all the coal and minerals therein to one B. Heidrich or to B. Heidrich & Company, together with the right to enter upon the said lands to mine and remove the coal therefrom. He further charged that after a large amount of coal had been removed under and in pursuance of the said grant, mining operations had ceased, and that thereafter the defendants,…
2Cases cited10 opinions
- McGowin v. RemingtonSupreme Court of Pennsylvania · 1849
- Allison's AppealSupreme Court of Pennsylvania · 1875
- Commonwealth v. Pittsburgh & Connellsville RailroadSupreme Court of Pennsylvania · 1855
- Masson & Besanson's AppealSupreme Court of Pennsylvania · 1872
- Soles v. HickmanSupreme Court of Pennsylvania · 1853
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3Cited by42 opinions
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- Wortex Mills, Inc. v. Textile Workers Union of AmericaSupreme Court of Pennsylvania · 1954
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