Legal Opinion

Jennings Bros. & Co. v. Beale

Supreme Court of Pennsylvania

Decided November 6, 1893No. Appeal, No. 94PublishedCited by 19 opinions

Appeal, No. 94, Oct. T., 1893, by-plaintiffs, from decree of C. P. No. 1, Allegheny Co., June T., 1892, No. 580, dismissing bill in equity against Joseph G. Beale. Bill in equity to restrain mining of coal. From the bill, it appeared that plaintiff claimed an exclusive right to mine coal under a deed from defendant and his wife.

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Appeal, No. 94, Oct. T., 1893, by-plaintiffs, from decree of C. P. No. 1, Allegheny Co., June T., 1892, No. 580, dismissing bill in equity against Joseph G. Beale. Bill in equity to restrain mining of coal. From the bill, it appeared that plaintiff claimed an exclusive right to mine coal under a deed from defendant and his wife. The material portion of the deed is as follows : “ This indenture, made the 13th day of March, in the year of our Lord one thousand eight hundred and eighty-six, between Joseph G. Beale and Margaret J., his wife, of the borough of Leechburg, in the county of…

1Opinion of the Court

Pee Cxteiam,

All that can profitably be said on the questions presented by the specifications of error, in this case, will be found in the opinion of the learned judge of the common pleas, sustaining the demurrer and dismissing the bill. There appears to be no error in the decree, and it may be affirmed on said opinion.

Decree affirmed and appeal dismissed with costs, to be paid by appellants.

2Cited by19 opinions

  1. Cattlemens Trust Co. of Ft. Worth v. WillisCourt of Appeals of Texas · 1915
  2. Schmaltz v. York Manufacturing Co.Supreme Court of Pennsylvania · 1902
  3. Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
  4. Kane & Elk Railroad v. Pittsburgh & Western R. R.Supreme Court of Pennsylvania · 1913
  5. Clad v. PaistSupreme Court of Pennsylvania · 1897

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