Legal Opinion

Chauvenet v. Person

Supreme Court of Pennsylvania

Decided April 1, 1907No. Appeal, No. 214PublishedCited by 17 opinions

Appeal, No. 214, Jan. T., 1906, by defendant, from judgment of C. P. Berks Co., Nov. T., 1905, No. 49, on verdict for plaintiff in case of S. JET. Chauvenet v. M. J. Person, Allen C. Smith, John Kaufman and Ilenry Kaufman. Ejectment for mineral land in Earl township. Before Ermentkout, P. J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 214, Jan. T., 1906, by defendant, from judgment of C. P. Berks Co., Nov. T., 1905, No. 49, on verdict for plaintiff in case of S. JET. Chauvenet v. M. J. Person, Allen C. Smith, John Kaufman and Ilenry Kaufman. Ejectment for mineral land in Earl township. Before Ermentkout, P. J. The facts are stated in the opinion of the Supreme Court. The trial judge charged in part as follows: By the terms of the lease the action in declaring it null and void did not interfere with the liability of the lessees up to the time of serving the notice. The lessors had a right to collect and receive…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is ejectment to enforce the forfeiture of a mining lease. Sarah A. Spang was the owner in fee of a tract of land containing about 118 acres in Berks county, and she and Jacob K. Spang, her husband, “ the lessors,” by an agreement dated April 20, 1903, assigned, granted, bargained and sold to Allen C. Smith, “ the lessee,” for the term of twenty years, the exclusive right to all the iron ore and other minerals in the land with the right to mine and remove the same. The consideration was twenty cents a ton, payable quarterly, on all merchantable iron ore…

2Cases cited2 opinions

  1. Munroe v. ArmstrongSupreme Court of Pennsylvania · 1880
  2. Koch's & Balliet's AppealSupreme Court of Pennsylvania · 1880

3Cited by17 opinions

  1. Hutchison v. Sunbeam Coal Corp.Supreme Court of Pennsylvania · 1986
  2. Eastern Kentucky Mineral & Timber Co. v. Swann-Day Lumber Co.Court of Appeals of Kentucky · 1912
  3. Blue Ridge Metal Manufacturing Co. v. ProctorSupreme Court of Pennsylvania · 1937
  4. Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
  5. Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926

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