Duncan v. H. & G. Iron Works
Pennsylvania Court of Common Pleas, Blair County
No. 106 January Term 1890, Sup. Ct.; court below, No. 90, Eq. D., C. P. In the court below, Peter S. Duncan, Sarah F. Duncan and John W. Duncan filed their bill in equity against the Hollidaysburg & Gap Iron Works, showing their title to certain ore lands under tbe will of Peter Shoenberger, who died in 1854, and, averring that tbe defendants were “ constantly, continuously and daily ” trespassing upon said lands and taking ore therefrom, prayed: 1. For discovery of the…
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No. 106 January Term 1890, Sup. Ct.; court below, No. 90, Eq. D., C. P. In the court below, Peter S. Duncan, Sarah F. Duncan and John W. Duncan filed their bill in equity against the Hollidaysburg & Gap Iron Works, showing their title to certain ore lands under tbe will of Peter Shoenberger, who died in 1854, and, averring that tbe defendants were “ constantly, continuously and daily ” trespassing upon said lands and taking ore therefrom, prayed: 1. For discovery of the defendants’ title. 2. For an injunction. 3. For “an account, which would be such an account as would depend upon the…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
The bill sets forth, inter alia, that Dr. Peter Shoenberger died in 1854, having by his last will and testament devised certain lands called Bloomfield, and other lands adjacent thereto, to his daughter Martha Duncan for the term of her natural life, and, upon her decease, to her surviving children as tenants in common, reserving and excepting “ the right and privilege hereinbefore and hereinafter devised to the owners of *486Rebecca Furnace, Sarah Furnace, and Gap Furnace, for to mine and take away iron ore from any of the afore-mentioned or described lands enough…
2Cases cited2 opinions
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