McGowan v. Bailey, Wilson & Co.
Supreme Court of Pennsylvania
Appeal, No. 105, Oct. T., 1896, by plaintiff, from decree of C. P. No. 1, Allegheny Co., March T., 1893, No. 93, on bill in equity. Bill in equity for an account. The material portions of the master’s report appear by the opinion of the Supreme Court.
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Appeal, No. 105, Oct. T., 1896, by plaintiff, from decree of C. P. No. 1, Allegheny Co., March T., 1893, No. 93, on bill in equity. Bill in equity for an account. The material portions of the master’s report appear by the opinion of the Supreme Court. Plaintiff filed the following exceptions to the report. 1. In not finding that the McGowan farm, including about sixty-six acres, embraced forty and one fourth acres of coal, of which defendants have practically mined all, for while six acres remain unmined, it is useless to any one but defendants, is valuable to them, can be removed by them,…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
On August 12, 1863, John McGowan, of Mifflin township, Allegheny county, died intestate, leaving a widow, this plaintiff, and thirteen children. At his death he was the owner of, and resided with his family on, a farm of about sixty-six acres, more than half of which was'underlaid with coal. After his death the widow continued to live on the farm down to the commencement of this suitthe ’other children conveyed'their interests to their three brothers, James, John and William, who by deed of August 3, 1868, with clause of general warranty, conveyed by metes and…
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