Vosburg, III, A. v. NBC Seventh Realty

DISSENTING OPINION

BY ALLEN, J.:

I respectfully dissent from the Majority.

The trial court, in its December 3, 2010 order, recounted the factual and procedural background of this case as follows:

[ ] The Complaint was filed [by Vos-burg] in Equity to the above-captioned number on October 11, 2002 as a case in trespass, and conversion of the mineral rights held by [Vosburg]. [Appellant and PAID] hold title to the surface rights of the parcel of land located in Pittston Township. However, [Vosburg] claims the rights to the alleged “Mineral Estate” retained by a reservation clause contained in Deed…