ECKEL v. EISWERTH


371 Pa. 490 (1952)

Eckel v. Eiswerth, Appellant.

Supreme Court of Pennsylvania.

November 10, 1952.


Attorney(s) appearing for the Case

John K. Myers, with him W.P. Geary, for appellant.

H. Ray Pope, Jr., for appellees.

Before STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE CHIDSEY, November 10, 1952:

Plaintiffs filed a bill in equity to enjoin the defendant, individually and as administratrix of her husband's estate, from entering on and removing clay from land belonging to the plaintiff Eckel and leased by him to the other plaintiffs. Defendant claimed the right to mine and remove clay under an earlier lease of the property made by Eckel to defendant's husband. The chancellor found the earlier lease had been...

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