Grubb's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Lancaster county: Of May Term 1878, No. 132. In Equity. Bill in equity filed June 25th 1875 by Clement B. Grubb against Alfred Bates Grubb.
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Appeal from the decree of the Court of Common Pleas of Lancaster county: Of May Term 1878, No. 132. In Equity. Bill in equity filed June 25th 1875 by Clement B. Grubb against Alfred Bates Grubb. The bill averred in substance, that, in 1845 the plaintiff and his brother Edward were co-tenants in fee of Mount Hope Furnace, in Lancaster county, and also, with others, co-tenants of the “ Cornwall Ore-banks ”; that at that time Edward Grubb and defendant, A. Bates Grubb, were copartners in the manufacture of iron at Mount Hope Furnace; that in 1845 plaintiff and defendant agreed that plaintiff’s…
1Opinion of the CourtJustice PaxSON
The appellant denies the jurisdiction. As this point, if well taken, disposes of the present proceeding, we will consider it first.
The bill stripped of all unnecessary matter, is a proceeding to compel the appellant to pay for one-half the ore hauled from the Cornwall ore-banks to the Mount Hope Furnace. Whether he ought to pay for it depends upon the construction of the deed of 1845 of Clement B. Grubb and wife to Alfred Bates Grubb. These are both legal questions properly belonging to a court of law. If this were all, we would at once dismiss the bill for want of jurisdiction. But as some…
2Cited by13 opinions
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