Legal Opinion

Coleman v. Grubb

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 4 opinions

Error, to tbe Common Pleas of Lebanon county. This was an action of trespass to August Term, 1852, by Ann C. Coleman and others, by their guardian John Reynolds, v. Samuel Houck and George Snow, for taking ore from one of the Cornwall ore banks or mine hills in Lebanon county.

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Error, to tbe Common Pleas of Lebanon county. This was an action of trespass to August Term, 1852, by Ann C. Coleman and others, by their guardian John Reynolds, v. Samuel Houck and George Snow, for taking ore from one of the Cornwall ore banks or mine hills in Lebanon county. The plaintiffs claimed as heirs of Thomas Burd Coleman, deceased ; the defendants were teamsters in the employ of E. B. & C. B. Grubb, sons of Henry Bates Grubb, who claimed a right to take the ore in question. See the report of the case of Coleman v. Coleman, in 7 Harris, as to the question of partition of the Cornwall…

1Opinion of the Court

The opinion of the Court was delivered by

Woodward, J.

If the Court were right in the construction they placed on the agreements of 1787, the right of the Grubbs to take ore from the locus in quo is established, the entry of the defendants under them and as their servants is justified, and all the other questions in the cause disappear, or lose, at least, a controlling influence.

When it was found “on the fullest investigation” that the large and valuable estates connected with these mine hills could'not be parted in severalty among the owners without great injustice to some of them, the…

2Cases cited1 opinion

  1. M'Kinney v. ReaderSupreme Court of Pennsylvania · 1837

3Cited by4 opinions

  1. Birdsall-Friedman Co. v. Globe & Rutgers InsuranceSupreme Court of Pennsylvania · 1937
  2. Beedy v. Nypano RailroadSupreme Court of Pennsylvania · 1915
  3. Ramble v. Pennsylvania Coal Co.Superior Court of Pennsylvania · 1911
  4. Lummis & Co. v. DevineSuperior Court of Pennsylvania · 1899

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