McKnight v. Kreutz
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county, in which this was an action of ejectment by Louis Kreutz against William. McKnight and others, heirs of Jane Ormsby, John Hartman and H. Burgwin. The writ issued March 3d 1864, and July 15th 1865 a nol. pros, was entered as to H. Burgwin.
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Error to the District Court of Allegheny county, in which this was an action of ejectment by Louis Kreutz against William. McKnight and others, heirs of Jane Ormsby, John Hartman and H. Burgwin. The writ issued March 3d 1864, and July 15th 1865 a nol. pros, was entered as to H. Burgwin. On the 21st of January 1861, the heirs of Jane Ormsby and Kreutz entered into an agreement under seal, to let to Kreutz all the “ coals being in and under a piece of land,” described in the agreement, “ for four years from the 1st of April then next, Kreutz to have the right to open the coal-pit where it had…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
A very large number of errors have been assigned in this case, most of which are without any substantial foundation. A considerable portion of them rest upon the assumption that the estate demised to the plaintiff below was upon condition that he should so exercise his right as not to injure or endanger the surface of the land, or obstruct the watercourse. In our opinion, however, the assumption is not well made. There is nothing in the words of the lease that can by any just construction be regarded as making the tenure of the lessee…
2Cited by7 opinions
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- De Grasse v. Verona Mining Co.Michigan Supreme Court · 1915
- Bradley v. Citizens' Trust & Surety Co.Superior Court of Pennsylvania · 1898
- Borough of Bristol v. Bristol Borough School District, Pennsylvania Court of Common Pleas, Bucks County1963
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