Legal Opinion

Webber v. Vogel

Supreme Court of Pennsylvania

Decided January 2, 1899No. Appeal, No. 124PublishedCited by 30 opinions

Appeal, No. 124, Oct. T., 1898, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1897, No. 789, on bill in equity. Bill in equity for an injunction. Before Shaeer, J. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dismissing bill.

1Opinion of the Court

Opinion by

Mb. Justice Dean,

Eliza Lewis and Eliza H. Lewis, being the owners in fee of about fifteen acres of land in Wilkins township, Allegheny county, conveyed to Albert H. Sutton all the merchantable coal underlying it; from Sutton, by regular conveyance, the title to the coal became vested in one Jacob Weinman, who leased it to Gottlieb Vogel, the defendant; by the terms of the Lewis deed to Sutton, the latter was granted a right of way into, upon and under the land, at such points and in such manner as might be necessary for purpose of mining the coal; the coal having already been worked…

2Cases cited2 opinions

  1. Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
  2. Webber v. VogelSupreme Court of Pennsylvania · 1893

3Cited by30 opinions

  1. Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
  2. Consolidation Coal Co. v. WhiteSuperior Court of Pennsylvania · 2005
  3. United States Steel Corp. v. HogeSupreme Court of Pennsylvania · 1983
  4. Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
  5. Armstrong v. Maryland Coal Co.West Virginia Supreme Court · 1910

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