Smith & Fleek's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Crawford county: In Equity: No. 169, to October and November Term 1870. The bill in this ease was filed July 14th 1868, by Stafford Raydure, D. C. Raydure and W. S. Raydure, against Thomas F. Smith and Porter Fleek.
Read the full summary
Appeal from the decree of the Court of Common Pleas of Crawford county: In Equity: No. 169, to October and November Term 1870. The bill in this ease was filed July 14th 1868, by Stafford Raydure, D. C. Raydure and W. S. Raydure, against Thomas F. Smith and Porter Fleek. The plaintiffs averred— 2 and 8. They entered into the following contract with the defendants:— “Little Cooley, May 6th 1868. “For and in consideration of Five Dollars, lawful money, paid this day, we agree to sell to S. Raydure and Sons, the Rose pine tract of land for the sum of .Six Thousand Dollars, viz.: Four thousand to…
1Opinion of the Court
The opinion of the Court was delivered, January 9th 1872, by
Williams, J.
This was a bill for an injunction to restrain the defendants from cutting timber on a tract of land which they had sold the plaintiffs. The bill alleged that the land had been conveyed to them by the holder of the legal title, in pursuance of the contract of sale, and that they had taken possession of it prior to the commission of the acts complained of. Upon the filing of the bill, .the court awarded a preliminary injunction, which was made perpetual on final hearing. The defendants have appealed from the decree, and ask…
2Cases cited2 opinions
- Lowry v. MehaffySupreme Court of Pennsylvania · 1840
- Shoofstall v. AdamsSupreme Court of Pennsylvania · 1859
3Cited by32 opinions
- Zerbe Township School District v. ThomasSupreme Court of Pennsylvania · 1945
- Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
- Suchan Et Ux. v. SwopeSupreme Court of Pennsylvania · 1947
- Driebe v. Fort Penn Realty Co.Supreme Court of Pennsylvania · 1938
- Hostetter v. HooverSupreme Court of Pennsylvania · 1988
27 more not listed; retrieve them via the Exa API.