Coleman's Appeal
Supreme Court of Pennsylvania
May 17th, 18th and 19th 1869. Before Thompson, 0. J., Read, Ahnew, S^auswood and Williams, JJ. Appeals from the decree of the Court of Common Pleas of Lebanon county: In Equity: No. 37,38,71, 72,109, to May Term 1869. The case commenced by a bill filed June 7th 1857 by Robert W. Coleman against William Coleman, Robert Coleman, G. Dawson Coleman, Edward B. Grubb and Clement B. Grubb for an account of ore taken by the parties from the Cornwall ore-banks in Lebanon county.
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May 17th, 18th and 19th 1869. Before Thompson, 0. J., Read, Ahnew, S^auswood and Williams, JJ. Appeals from the decree of the Court of Common Pleas of Lebanon county: In Equity: No. 37,38,71, 72,109, to May Term 1869. The case commenced by a bill filed June 7th 1857 by Robert W. Coleman against William Coleman, Robert Coleman, G. Dawson Coleman, Edward B. Grubb and Clement B. Grubb for an account of ore taken by the parties from the Cornwall ore-banks in Lebanon county. After the commencement of the proceedings both Robert W. Coleman and William Coleman died, and administration of their…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
That the parties to this suit are tenants in common of the Cornwall ore-banks ought to be considered as a point settled beyond all dispute. Peter Grubb was the owner in fee-simple of a large tract of land including the three hills of iron ore in question known as the Big Hill, Middle Hill and Grassy Hill. On his death intestate, it descended to his two sons Curtis and Peter, Curtis, the elder, taking two shares, according to the then law of the province. Erom these parties the title is regularly deduced, so that in the year 1786 two third…
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