Potter v. Rend
Supreme Court of Pennsylvania
Appeal, No. 44, Oct. T., 1901, by-plaintiff, from decree of C. P. No. 1, Allegheny Co., March T., 1900, No. 407, dismissing bill in equity in case of Rachel D. Potter v. William P. Rend, The Pennsylvania Mining Co., and The Pittsburg Coal Company. Bill in equity for an injunction.
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Appeal, No. 44, Oct. T., 1901, by-plaintiff, from decree of C. P. No. 1, Allegheny Co., March T., 1900, No. 407, dismissing bill in equity in case of Rachel D. Potter v. William P. Rend, The Pennsylvania Mining Co., and The Pittsburg Coal Company. Bill in equity for an injunction. Bbown, J., found the facts to be as follows: The plaintiff filed a bill, praying an injunction restraining the defendant (a) from entering upon and using for any purpose the surface of the land described in the bill, and (b') from operating or removing the mining plant and appliances. W. P. Rend was not served.…
1Opinion of the Court
Opinion by
Me. Justice Dean,
The plaintiff, the owner of a farm of 152 acres of land in South Fayette township, Allegheny county, on March 16, 1883, joined by her husband, conveyed all the coal thereunder, with certain mining rights on the surface to William P. Rend, and through him the property described in the deed passed in September, 1899, to the other two defendants. At the date of the conveyance to Rend, he was a coal operator on a large scale, on about 4,000 acres of land surrounding or abutting on the Potter tract. Rend during his occupancy under the deed, caused a mining or lifting…
2Cited by6 opinions
- Kormuth v. United States Steel Co.Supreme Court of Pennsylvania · 1954
- Middleton v. Harlan-Wallins Coal Corp.Court of Appeals of Kentucky (pre-1976) · 1933
- Cubbage v. Pittsburg Coal Co.Supreme Court of Pennsylvania · 1907
- Blackburn v. Youghiogheny & Ohio Coal Co.Superior Court of Pennsylvania · 1933
- Shaulis v. Quemahoning Creek Coal Co.Supreme Court of Pennsylvania · 1919
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