Dickey v. M'Cullough
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. James Dickey against Henry M’Cullough and Thomas Donnelly. This was an action of ejectment for two lots of ground and a grist-mill and saw-mill in Tarentum. There was also pending between the same parties an ejectment for seven acres of land in East-Deer township, which depended upon the same evidence, and was tried at the same time.
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ERROR to the District Court of Allegheny county. James Dickey against Henry M’Cullough and Thomas Donnelly. This was an action of ejectment for two lots of ground and a grist-mill and saw-mill in Tarentum. There was also pending between the same parties an ejectment for seven acres of land in East-Deer township, which depended upon the same evidence, and was tried at the same time. The plaintiff gave in evidence the following agreement between him and the defendant: “An article of agreement, made the 11th day of April 1836, between Henry M’Cullough, of the one part, and James Dickey, of the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
'This is in form an action of ejectment, but in substance a bill in equity for an account of the profits of certain real estate, and to compel a re-conveyance of the whole or a moiety to the plaintiff. It is a remedy well understood in this state, and although the machinery is not in all cases very well adapted to attain that object, yet through the instrumentality of a jury, it has been effectually used to give equitable relief. The plaintiff was the equitable owner of a salt-works, grist and sawmill, with the appurtenances. The property in…
2Cases cited2 opinions
- Hamilton v. ElliottSupreme Court of Pennsylvania · 1819
- Ex parte CasselSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Conkling v. KingNew York Supreme Court · 1851
- Wilde v. SmithNew York Court of Common Pleas · 1879