Arnold v. Cramer
Superior Court of Pennsylvania
Appeal, No. 36,. March T., 1909, by plaintiffs, from decree of C. P. Wayne Co., June T., 1906, No. 2, dismissing bill in equity in case of Juliette Arnold et al. v. George W. Cramer et al. Bill in equity to cancel a coal lease. The case was referred to H. Wilson, Esq., referee.
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Appeal, No. 36,. March T., 1909, by plaintiffs, from decree of C. P. Wayne Co., June T., 1906, No. 2, dismissing bill in equity in case of Juliette Arnold et al. v. George W. Cramer et al. Bill in equity to cancel a coal lease. The case was referred to H. Wilson, Esq., referee. From the record it appeared that the lease was in the following form: “ This Article of Agreement made and concluded this 7th day of June in the year of our Lord 1888, Witnesseth: that William N. Arnold, of South Canaan, Wayne County, Penna., of the one part doth by these presents let unto Walter M. Leek of Clifford…
1Opinion of the Court
Opinion by
Henderson, J.,
If we concede that there was jurisdiction in equity to entertain the complainant’s bill we are met by the objection that the contract of June 8, 1888, which the complainants seek to have canceled, transfers a half interest in the coal underlying the land described to Walter M. Leek, the second party. The language used is “Doth by these presents let,” but the technical words “grant, bargain and sell” or their equivalent are not necessary to pass the title to coal in place if from the language of the whole instrument the intention to sell is apparent. Numerous cases hold…
2Cases cited13 opinions
- Delaware, Lackawanna & Western Railroad v. SandersonSupreme Court of Pennsylvania · 1885
- Estate of LazarusPennsylvania Orphans' Court, Luzerne County · 1892
- Putnam v. TylerSupreme Court of Pennsylvania · 1888
- Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
- Timlin v. BrownSupreme Court of Pennsylvania · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Keeler v. McNeirSupreme Court of Oklahoma · 1939
- Penrose v. Coal Co.Supreme Court of Pennsylvania · 1927
- Cristofani v. Board of EducationCourt of Special Appeals of Maryland · 1993
- Eddyside Co. v. SeibelSuperior Court of Pennsylvania · 1940
- Moyer v. Frankford Crate Co.Superior Court of Pennsylvania · 1938
3 more not listed; retrieve them via the Exa API.