Legal Opinion

Stewart's Appeal

Supreme Court of Pennsylvania

Decided May 10, 1875PublishedCited by 11 opinions

Appeal from .the Court of Common Pleas of Luzerne county: In Equity: Of January Term 1874, No. 818. The bill in this case was filed November 2d 1865, by Franklin Stewart and others, against Wilson Ayer, Charles A. Lane, Elisha B. Harvey and others ; it set out:— 1. Betsey Stewart in her life was seised in fee of a tract of land in Luzerne county, containing about 285 acres, inherited from her father, Lazarus Stewart, deceased, and allotted to her by proceedings in partition…

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Appeal from .the Court of Common Pleas of Luzerne county: In Equity: Of January Term 1874, No. 818. The bill in this case was filed November 2d 1865, by Franklin Stewart and others, against Wilson Ayer, Charles A. Lane, Elisha B. Harvey and others ; it set out:— 1. Betsey Stewart in her life was seised in fee of a tract of land in Luzerne county, containing about 285 acres, inherited from her father, Lazarus Stewart, deceased, and allotted to her by proceedings in partition of his estate ; and also by inheritance from her sister, Martha Stewart, of the undivided sixth part of another tract of…

1Opinion of the CourtJustice Sharswood

Upon every point on which the mining lease of December 21st 1852, by Alexander Jameson to Charles A. Lane, was .attacked in the bill, the decision of the learned judge below was adverse to the appellants. Want of power in the lessor, incompetency by reason of mental weakness, fraud and undue influence, alteration in the instrument, uncertainty as to the commencement of the term, and want of consideration, are all considered and disposed of, And we think rightly disposed of. There is a clear distinction, well established as a rule in equity, between cases of specific performance and of…

2Cases cited1 opinion

  1. Hamilton v. CummingsNew York Court of Chancery · 1815

3Cited by11 opinions

  1. Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
  2. Heller v. FishmanSupreme Court of Pennsylvania · 1924
  3. Goggins v. RisleySuperior Court of Pennsylvania · 1900
  4. York Ice MacHinery Corp. v. KearneySupreme Court of Pennsylvania · 1942
  5. Smith v. HibbsSupreme Court of Pennsylvania · 1906

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