Dark v. Johnston
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county. This was an action of ejectment, brought September 17th 1864, by William F. Johnston, Isaac M. Pennock, N. P. Sawyer, William Bagaley and S. A. Baird, against John Dark, Carlton B. Curtis, and others, for 250 acres of land and an island.
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Error to the Court of Common Pleas of Warren county. This was an action of ejectment, brought September 17th 1864, by William F. Johnston, Isaac M. Pennock, N. P. Sawyer, William Bagaley and S. A. Baird, against John Dark, Carlton B. Curtis, and others, for 250 acres of land and an island. On the 26th day of November 1859, Samuel McGuire, being the owner in fee of the land in dispute, made the following agreement with Samuel Baird, reciting: “ That the said McGuire is the owner of a farm in Tideoute, in Deerfield township, Warren county, Pa., of about two hundred and fifty acres, more or…
1Opinion of the Court
The opinion of the court was delivered, January 17th 1867, by
Strong, J.
— The agreement upon which the plaintiffs below rest their right to recover in ejectment is singularly obscure. The avowed motive that induced it was a desire of the owner of the land that an exploration might be made to ascertain whether it contained mineral oil. But what rights it was intended to give to Samuel Baird, the explorer, it is difficult to determine from the language used by the parties. And the difficulty is increased by the fact that the stipulations respecting the island and those respecting the farm are…
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