Legal Opinion

Kingsley v. Hillside Coal & I. Co.

Pennsylvania Court of Common Pleas, Lackawanna County

Decided January 4, 1892No. 128PublishedCited by 29 opinions

No. 128 July Term 1890, Sup. Ct.; court below, No. 218 January Term 1887, C. P. On December 18, 1886, S. D. Kingsley and others brought ejectment against the Hillside Coal & Iron Company, for the coal underlying certain lands in Blakely borough. The defendant pleaded not guilty.

Read the full summary

No. 128 July Term 1890, Sup. Ct.; court below, No. 218 January Term 1887, C. P. On December 18, 1886, S. D. Kingsley and others brought ejectment against the Hillside Coal & Iron Company, for the coal underlying certain lands in Blakely borough. The defendant pleaded not guilty. At the trial, on June 5, 1888, the plaintiffs put in evidence the following chain of title to the property in dispute: Warrant to Edward London for 400 acres of land in Providence district, Luzerne county, dated January 27, 1804. Survey, under and in pursuance of said warrant, of 855 acres 33 perches, accepted March…

1Opinion of the Court

Opinion,

Mr. Justice McCollum:

The Hillside Coal & Iron Company, a domestic corporation, is in possession of and engaged in mining the coal field in dispute. It has the title thereto which Thomas Meredith acquired by his contract with Isaac London, on the first day of October, 1828, which was confirmed by a conveyance dated the tenth day of December, 1838. By an agreement in writing between London and Meredith, bearing even date with the conveyance, there was a modification of the original contract, including an extinguishment of the rent reserved in it. The appellants are. the heirs of Burr…

2Cases cited1 opinion

  1. Montooth v. GambleSupreme Court of Pennsylvania · 1889

3Cited by29 opinions

  1. Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
  2. London v. KingsleySupreme Court of Pennsylvania · 1951
  3. Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
  4. President, Managers & Co. of the Delaware & Hudson Canal Co. v. HughesSupreme Court of Pennsylvania · 1897
  5. Wallace v. HoytCourt of Appeals of Texas · 1920

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API