Homet v. Singer
Superior Court of Pennsylvania
Appeal, No. 57, Oct. T., 1907, by plaintiffs, from order of C. P. Bradford Co., Sept. T., 1903, No. 528, refusing to take off nonsuit in case of Fannie Hornet et al. Executors and Devisees of J. A. Hornet, deceased, v. Grace Singer et al. Ejectment for land in Asylum township. Before Fanning, P'- J‘ The facts arc stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 57, Oct. T., 1907, by plaintiffs, from order of C. P. Bradford Co., Sept. T., 1903, No. 528, refusing to take off nonsuit in case of Fannie Hornet et al. Executors and Devisees of J. A. Hornet, deceased, v. Grace Singer et al. Ejectment for land in Asylum township. Before Fanning, P'- J‘ The facts arc stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit. In general, equity abhors a forfeiture, but not where it works equity and protects a landowner from the…
1Opinion of the Court
Opinion by
Morrison, 3.,
This is an action of ejectment brought to enforce the forfeiture of a certain written lease between J. A. Hornet and Grace Singer, one of the defendants, dated November 9, 1900. At the close of the plaintiff’s testimony, the court granted a compulsory nonsuit and subsequently refused to take it off. This gives rise to the first assignment of error.
The lease above referred to “ demised and let unto the said lessee, above named, the right and privilege to quarry stone in and upon the following described premises .... together with the necessary land for a dump pile, for…
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- Thompson v. ChristieSupreme Court of Pennsylvania · 1890
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- Chauvenet v. PersonSupreme Court of Pennsylvania · 1907
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