Beers v. Fallen Timber Coal Co.

Per Curiam,

By virtue of a warrant of attorney contained in a lease, plaintiffs caused judgment in ejectment to be entered against lessee of coal lands located in Reade Township, Cambria County. Paragraph nineteen of the lease provided for confession of judgment “if default be made by the lessee for 30 days in payment of any monthly installment of royalty when and as the same shall become due and payable.” Defendant presented a petition to open judgment, alleging there had been no default in the payment of royalties for coal actually mined and removed. In their answer, plaintiffs admitted that…