Legal Opinion

Hosack v. Crill

Superior Court of Pennsylvania

Decided July 25, 1901No. Appeal, No. 78PublishedCited by 19 opinions

Appeal, No. 78, April T., 1901, by defendant, from decree of C. P. Mercer Co., April T., 1899, No. 2, on bill in equity in case of Samuel Hosack, Executor of John Hosack, deceased, Jacob Shilling and W. W. Shilling, v. John T. Crill. Bill in equity to determine rights to certain coal.

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Appeal, No. 78, April T., 1901, by defendant, from decree of C. P. Mercer Co., April T., 1899, No. 2, on bill in equity in case of Samuel Hosack, Executor of John Hosack, deceased, Jacob Shilling and W. W. Shilling, v. John T. Crill. Bill in equity to determine rights to certain coal. Miller, P. J., found the facts to be as follows: 1. John Hosack, the decedent, and Hugh B. Wick entered into the following written agreement on August 26, 1863, and the said agreement was recorded in the recorder’s office of Mercer county, February 18, 1864, in article book C, page 123. “ Article of Agreement…

1Opinion of the Court

Opinion by

Rice, P. J.,

All the parties to this litigation affirm the validity of the contract of August 26, 1863, and there has been no failure of performance of any of the covenants that entered into its consideration. The controlling question, therefore, is whether it was a mere license, a mere option, or a sale of the coal in place. That minerals beneath the surface of a tract of land may be coñveyed by deed, distinct from the right to the surface, is, of course, unquestioned. After severance of the surface from the underlying strata, whether by reservation or by express grant, the mineral…

2Cases cited12 opinions

  1. Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
  2. Delaware, Lackawanna & Western Railroad v. SandersonSupreme Court of Pennsylvania · 1885
  3. President, Managers & Co. of the Delaware & Hudson Canal Co. v. HughesSupreme Court of Pennsylvania · 1897
  4. Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
  5. Lehigh & Wilkes-Barre Coal Co. v. WrightSupreme Court of Pennsylvania · 1896

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
  2. Robinson v. PierceSupreme Court of Pennsylvania · 1924
  3. Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
  4. Hosack v. CrillSupreme Court of Pennsylvania · 1902
  5. Prager's EstateSuperior Court of Pennsylvania · 1920

14 more not listed; retrieve them via the Exa API.

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