Peart v. Brice
Supreme Court of Pennsylvania
Appeal, No. 214, Oct. T., 1892, by plaintiff, Samuel M. Peart, from judgment of C. P. Armstrong Co., June T., 1892, No. 271, for defendant, Peter P. Brice, on case-stated. From the case-stated it appeared that o.n Sept. 29, 1856, Peter P. Brice and wife conveyed to Wm.
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Appeal, No. 214, Oct. T., 1892, by plaintiff, Samuel M. Peart, from judgment of C. P. Armstrong Co., June T., 1892, No. 271, for defendant, Peter P. Brice, on case-stated. From the case-stated it appeared that o.n Sept. 29, 1856, Peter P. Brice and wife conveyed to Wm. McCutcheon certain land, described by metes and bounds, “And containing 48 acres and 157 perches of land more or less together with the right of mining and removing all the mineral that may be reached under said Brice’s land from the land above described and hereby conveyed except that said Brice reserves the right, to mine and…
1Opinion of the Court
Opinion by
Mb.. Justice Heydbick,
Peter P. Brice, the defendant, by deed dated the 29th September, 1856, and duly recorded, sold and conveyed to one William McCutcheon a tract of land described by metes and bounds, and calling for “ other land of P. P. Brice ” as an ad-joiner on the east, “ together with the right of mining and removing all the mineral that may be reached under said Brice’s land from the land above described, and hereby (thereby) conveyed ; ” and the questions now to be determined are whether the mineral, the right to mine which is granted or attempted to be granted, is…
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