Palmer v. Truby

Citations

• 136 Pa. 556
• 20 A. 516
• 1890 Pa. LEXIS 1051

Syllabus

<p>1. Where a receiver, appointed by the court on the application of the parties, pending an ejectment to recover lands demised for oil production, pays out money upon the order of the court, in good faith, he will be protected, even though the order was made improvidently.</p> <p>2. If, however, the decree was obtained by mistake or fraud and the money paid out thereon to one of the parties, the court, even after such payment, has power to rescind the decree and require the payees to restore the money to the custody of the court or of its officer.</p> <p>3. But, if the decree was made in the presence and with the knowledge and assent of the attorneys representing both parties, an order upon the payees for re-payment will not be made, unless the petitioners present a strong equity and show that they will sustain an irreparable injury, if it be not made.</p> <p>Í. The lessees of land, demised to them for the production of oil alone, who obtain gas but not oil, andaré thereupon dispossessed by ejectment brought upon a forfeiture alleged, have no equity to be reimbursed the expenses of their operations out of the proceeds of the gas obtained.</p>