Smith et.al. v. Kingsley

Opinion by

Mr. Justice Drew,

This suit in equity was brought by heirs of Susan London Dolph against defendants to compel a discovery and account of coal mined from certain lands in Lackawanna County. The lands were acquired by Edward London from the Commonwealth in 1804 by warrant and survey. He died intestate in 1815, survived by four children, among whom were Susan, plaintiffs’ ancestor, and a son Isaac.

In 1828 Isaac London executed to Thomas Meredith an instrument in the form of a lease of the land for one hundred years, “it being however clearly understood that the possession which said…