St. Vincent's Roman Catholic Congregation v. Kingston Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 204, Jam T., 1907, by plaintiffs, from decree of C. P. Luzerne Co., Dec. T., 1905, No. 3, on bill in equity in case of St. Vincent’s Roman Catholic Congregation v. The Kingston Coal Company. Bill in equity for an injunction.
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Appeal, No. 204, Jam T., 1907, by plaintiffs, from decree of C. P. Luzerne Co., Dec. T., 1905, No. 3, on bill in equity in case of St. Vincent’s Roman Catholic Congregation v. The Kingston Coal Company. Bill in equity for an injunction. The court below found the facts to be as follows: The plaintiffs’ bill avers (1) their ownership of a certain piece of land in Plymouth township, in this county, containing four and six-tenth acres, and known as St. Vincent’s Roman Catholic Cemetery; and (2) that the defendant is operating a mine beneath it and has threatened to remove all the underlying coal,…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The facts of this case are not in dispute and are correctly stated in the opinion of the learned trial judge. The only question raised by this appeal is whether a lease for years is within the purview of the recording acts of this state so as to vest an estate for years in the lessee without his entering into possession. The learned court below answered the question in the affirmative, and its thorough discussion of the question vindicates its conclusion.
The fee simple title to a large tract of land including the premises in dispute was in Gaylord and others in…
2Cases cited1 opinion
- Marple v. MyersSupreme Court of Pennsylvania · 1849
3Cited by2 opinions
- Soffer v. BeechSupreme Court of Pennsylvania · 1979
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950