Leap v. Leahey
Superior Court of Pennsylvania
Appeal, No. 123, April T., 1917, by defendant from decree of C. P. Cambria Co., Sept. T., 1913, No. 1, on bill in equity in case of John Leap y. John Leahey et al. Bill in equity for an injunction and an accounting.
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Appeal, No. 123, April T., 1917, by defendant from decree of C. P. Cambria Co., Sept. T., 1913, No. 1, on bill in equity in case of John Leap y. John Leahey et al. Bill in equity for an injunction and an accounting. From the record it appeared that on April 10, 1900, Daniel Laughman and others who were the owners of certain lands in Washington Township executed an agreement in writing to John W. Mentzer which was in part as follows: “Whereas, the parties of the first part own as tenants in common in fee simple absolute, a certain tract of land known as the Dysart and Laughman Tract, situated…
1Opinion of the Court
Opinion by
Williams, J.,
Plaintiff filed a bill in equity averring that he was the “lessee and owner of all the coal in what is known as the ‘Lemon Seam,’ on, in and under a certain tract of land situate in Washington Township, Cambria County, Pennsylvania, known as the ‘Dysart and Laughman tract,’......as leased by Daniel Laughman and others to John W. Mentzer, by written agreement dated April 10, 1900”; that defendants had begun removing coal covered by the lease in 1910 without the consent of the plaintiff; that in the course of this unlawful mining they had “cut off the air course or airway…
2Cases cited5 opinions
- Kingsley v. Hillside Coal & I. Co., Pennsylvania Court of Common Pleas, Lackawanna County1892
- Jennings Bros. & Co. v. BealeSupreme Court of Pennsylvania · 1893
- Keppel v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1901
- Finnegan v. Pennsylvania Trust Co.Superior Court of Pennsylvania · 1897
- Parry v. MillerSupreme Court of Pennsylvania · 1915
3Cited by2 opinions
- Cridge's EstateSupreme Court of Pennsylvania · 1927
- Huss v. SmithDistrict Court, E.D. Pennsylvania · 1957