Johnstown Iron Co. v. Cambria Iron Co.
Supreme Court of Pennsylvania
In Equity. This was a bill in equity exhibited by The Johns-towrn Iron Company against The Cambria Iron Company, D. J. Morrell and Charles Wood, to restrain the defendants from digging, mining, taking, or carrying away any iron ore from a tract of land, called the “Benshoof Tract;” the complainants claiming to be seised and possessed of the sole and exclusive right, liberty, and privilege of mining, digging, taking, and carrying away all the iron ore lying in, upon, or…
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In Equity. This was a bill in equity exhibited by The Johns-towrn Iron Company against The Cambria Iron Company, D. J. Morrell and Charles Wood, to restrain the defendants from digging, mining, taking, or carrying away any iron ore from a tract of land, called the “Benshoof Tract;” the complainants claiming to be seised and possessed of the sole and exclusive right, liberty, and privilege of mining, digging, taking, and carrying away all the iron ore lying in, upon, or underlying the same; and from obstructing the complainants in their said right. The bill set forth that on the 21st March…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
This case is here on bill and answer. The bill alleges that on the 21st March 1846, Peter Livergood was seised of the legal title of the “Benshoof Tract,” and that his son-in-law, John Benshoof, was then, and had been, for about fourteen years, in possession thereof under an equitable title, taking the rents, issues, and profits, and claiming the same as his own.
The answer admits the legal title of Peter Livergood on the 21st March 1846, but denies the equity of Benshoof, and alleges that he was a mere tenant at will of his father-in-law…
2Cited by8 opinions
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- Halla v. RogersCourt of Appeals for the Ninth Circuit · 1910
- Shawville Coal Co. v. MenardSuperior Court of Pennsylvania · 1980
- Saltsburg Colliery Co. v. Trucks Coal Mining Co.Supreme Court of Pennsylvania · 1924
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