Brown v. Cranberry Iron & Coal Co.
U.S. Circuit Court for the District of Western North Carolina
At Law. Action brought by John E. Brown against the Cranberry Iron & Coal Company, under the direction of the court of equity, to establish his title, as tenant in comomn, to the land of which he prayed for partition; the defendant, in its answer, having asserted “sole seisin.” 40 Fed. 849. Long before bringing the suit, the plaintiff had made the following deed to the parties under whom defendants claim: This indenture, made and entered into this 7th day of June, A. D.…
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At Law. Action brought by John E. Brown against the Cranberry Iron & Coal Company, under the direction of the court of equity, to establish his title, as tenant in comomn, to the land of which he prayed for partition; the defendant, in its answer, having asserted “sole seisin.” 40 Fed. 849. Long before bringing the suit, the plaintiff had made the following deed to the parties under whom defendants claim: This indenture, made and entered into this 7th day of June, A. D. 1867, between John E. Brown, by his agents and attorneys in fact, Z. B. Vance and William J. Brown, of the first part, and…
1Opinion of the Court
DICK, District Judge.
On the trial of this case the defendant offered in evidence a deed executed by the plaintiff, and insisted that he was estopped thereby from asserting title to any minerals embraced within the boundaries mentioned in tbe deed. This question of law was fully discussed by counsel in tbe argument, and was reserved by the court for subsequent determination. An issue was then submitted to the jury, as to whether the plaintiff was estopped by matters of fact occurring previous to and contemporary with the negotiation of sale, and the execution of the deed, as disclosed in the *436pl…
2Cases cited13 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Noonan v. BradleySupreme Court of the United States · 1870
- Merriam v. United StatesSupreme Court of the United States · 1883
- Topliff v. TopliffSupreme Court of the United States · 1887
- Canal Co. v. HillSupreme Court of the United States · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Brown v. Cranberry Iron & Coal Co.Court of Appeals for the Fourth Circuit · 1896