Legal Opinion

Wilhelm's Appeal

Supreme Court of Pennsylvania

Decided May 28, 1875PublishedCited by 28 opinions

Appeals from the Common Pleas of Lebanon county: No. 85 and 130, to May Term 1875. These were appeals from a decree dismissing a hill in equity, filed originally by William G. Freeman, administrator of Robert W. Coleman, against some of the decedent’s co-tenants in certain ore-banks and mine-hills, praying an account for the ore taken by them.

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Appeals from the Common Pleas of Lebanon county: No. 85 and 130, to May Term 1875. These were appeals from a decree dismissing a hill in equity, filed originally by William G. Freeman, administrator of Robert W. Coleman, against some of the decedent’s co-tenants in certain ore-banks and mine-hills, praying an account for the ore taken by them. The material facts, appearing by the pleadings in the case, were as follows:— J In 1785 Curtis Grubb, Robert Coleman and Peter Grubb owned Cornwall Furnace Estate, including the Cornwall “ Ore-Banks and Mine-Hills.” Peter Grubb died, leaving a will by…

1Opinion of the CourtJustice Sharswood

These are appeals from the same decree. The court below sustained the demurrer to the amended bill and ordered it to stand dismissed, on the ground that it presented a new cause of action barred by the Statute of Limitations, leaving the plaintiffs at liberty to proceed on the original bill, and without prejudice to the right of Clement B. Grubb and E. Burd Grubb, administrators of Edward B. Grubb, deceased, to proceed on their petition of 29th November 1873, under the decree on the bill filed June 7th 1851. From this decree the plaintiffs below, and also the Messrs. Grubb, who were…

2Cases cited4 opinions

  1. Ebersoll v. KrugSupreme Court of Pennsylvania · 1812
  2. Yohe v. RobertsonSupreme Court of Pennsylvania · 1837
  3. Miller v. FrazierSupreme Court of Pennsylvania · 1835
  4. M'Adam v. OrrSupreme Court of Pennsylvania · 1842

3Cited by28 opinions

  1. Noonan v. PardeeSupreme Court of Pennsylvania · 1901
  2. Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924
  3. Wortex Mills, Inc. v. Textile Workers Union of AmericaSupreme Court of Pennsylvania · 1954
  4. Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
  5. Wilkinson v. North East BoroughSupreme Court of Pennsylvania · 1906

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