Lillibridge v. Lackawanna Coal Co.
Supreme Court of Pennsylvania
No. 89 July Term 1889, Sup. Ct.; court below, No. 4 October Term 1888, C. P. in Equity. On August 22, 1888, G. J. Lillibridge, and John N. Lillibridge and Lucilla, his wife, filed a bill in equity against the Lackawanna Coal Company, Limited, averring that bjr a written agreement, dated March 24, 1883, made a part of the bill, the plaintiffs, with Mrs. Almira Lillibridge, demised to the defendant all the merchantable coal underlying a tract of forty-five acres in Blakely…
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No. 89 July Term 1889, Sup. Ct.; court below, No. 4 October Term 1888, C. P. in Equity. On August 22, 1888, G. J. Lillibridge, and John N. Lillibridge and Lucilla, his wife, filed a bill in equity against the Lackawanna Coal Company, Limited, averring that bjr a written agreement, dated March 24, 1883, made a part of the bill, the plaintiffs, with Mrs. Almira Lillibridge, demised to the defendant all the merchantable coal underlying a tract of forty-five acres in Blakely borough, Lackawanna county, the lessors being then the owners in fee of said land and coal; that the plaintiffs had since…
1Opinion of the Court
Opinion,
Mr. Justice Green:
It is not at all questioned, but is expressly conceded by the learned counsel for the appellants, that the agreement between these parties is an absolute sale to the defendant of all the *299merchantable coal underlying the tract of land in question, and that the surface of the land and the minerals beneath it may be dissevered in title and become separate tenements. This doctrine has been so frequently decided by this court, and in such varying circumstances, that a mere reference to some of the leading cases will be all that is necessary for the present occasion:…
2Cases cited6 opinions
- Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
- Delaware, Lackawanna & Western Railroad v. SandersonSupreme Court of Pennsylvania · 1885
- Scranton v. PhillipsSupreme Court of Pennsylvania · 1880
- Caldwell v. CopelandSupreme Court of Pennsylvania · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Humphreys-Mexia Co. v. GammonTexas Supreme Court · 1923
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Chartiers Block Coal Co. v. MellonSupreme Court of Pennsylvania · 1893
- Consolidation Coal Co. v. WhiteSuperior Court of Pennsylvania · 2005
- Stephens v. StephensCourt of Appeals of Texas · 1927
63 more not listed; retrieve them via the Exa API.