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SHOBER FARMS, INC. v. MERRILL

179 Pa.Super. 446 (1955)

Shober Farms, Inc., Appellant, v. Merrill.

Superior Court of Pennsylvania.

July 21, 1955.

Attorney(s) appearing for the Case

Charles H. Coffroth, for appellant.

Wm. S. Livengood, Jr., with him Livengood & Nissley, for appellees.

Before HIRT, ROSS, GUNTHER, WRIGHT, and WOODSIDE, JJ. (RHODES, P.J. and ERVIN, J., absent).

OPINION BY GUNTHER, J., July 21, 1955:

This is a suit in assumpsit for unpaid haulage royalties. Plaintiff is the assignee of rights to royalties granted by deed of 1917 from assignor to defendants' predecessor in title. At the time of the conveyance, the grantor, J.M. Shober, was owner of a one-half interest in the land as tenant in common. The deed conveyed the one-half interest but contained the following reservation:

"2. Also, Reserving and Excepting,...

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