Gallagher v. Hicks
Supreme Court of Pennsylvania
Appeal, No. 113, Oct. T., 1906, by The Apollo Trust Company, from decree of C. P. Armstrong Co., Dec. T., 1905, No. 70, on bill in equity in case of Andrew Gallagher, S. S. Jack, C. H. Truby and R. D. Fiscus v. Lewis W. Hicks, W. G. Chambers, S. M. Nelson and The Apollo Trust Company. Bill in equity for an account. Before Patton, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 113, Oct. T., 1906, by The Apollo Trust Company, from decree of C. P. Armstrong Co., Dec. T., 1905, No. 70, on bill in equity in case of Andrew Gallagher, S. S. Jack, C. H. Truby and R. D. Fiscus v. Lewis W. Hicks, W. G. Chambers, S. M. Nelson and The Apollo Trust Company. Bill in equity for an account. Before Patton, P. J. The opinion of the Supreme Court states the case. Error assigned was the decree of the court requiring the defendants to account to the plaintiffs for the royalties accruing under the lease from W. G. Chambers to Lewis W. Hicks.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The learned judge below was quite right in holding that this case is ruled by Denniston v. Haddock, 200 Pa. 426, and Coolbaugh v. Coal Co., 213 Pa. 28. Much of the argument of appellant is wide of the mark. There is no question at all that coal or other minerals may be severed from the surface of the land, and may run in its own different line of title without reference to the other. Nor is it disputed that a contract regarding coal in place may be a sale absolute, a conditional sale or a lease. There is nothing revolutionary in the cases referred to. In…
2Cases cited2 opinions
- Denniston v. HaddockSupreme Court of Pennsylvania · 1901
- Coolbaugh v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1905
3Cited by12 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Burke v. Pittsburgh Limestone Corp.Supreme Court of Pennsylvania · 1953
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Burke Et Ux. v. KerrSuperior Court of Pennsylvania · 1940
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