Neill v. Shamburg
Supreme Court of Pennsylvania
Appeal, No. 99, Oct. T., 1893, by plaintiff, Elizabeth P. Neill, from decree of C. P. Forest Co., May T., 1893, No. 1, dismissing bill in equity against B. F. and H. W. Shamburg, administrators of G. Shamburg, deceased. Bill for reconveyance of oil lease.
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Appeal, No. 99, Oct. T., 1893, by plaintiff, Elizabeth P. Neill, from decree of C. P. Forest Co., May T., 1893, No. 1, dismissing bill in equity against B. F. and H. W. Shamburg, administrators of G. Shamburg, deceased. Bill for reconveyance of oil lease. Before Noyes, P. J. The case was referred to J. H. Donly, Esq., as master, who reported as follows: “ 1. On June 11,1877, John Wilson and Jane Neill, owners of the fee, demised and let to G. Shamburg, defendants’ intestate, for oil mining purposes, and in consideration of reserved royalties, fifty acres of land ‘ more or less,’ being the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
There are two main questions of fact upon which the plaintiff’s claim to relief must ultimately rest, first, serious inadequacy of price, and, secondly, fraud, actual or constructive. If either of these grounds fail, the case must fall.
The master finds that there was no inadequacy of price, and' as the learned court concurs in this finding, it would be sufficient for us to say that we have not been shown that it was clear error. But an examination of the whole evidence in deference to the earnestness of counsel who regard this as a turning point in the case,…
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