Finnegan v. Pennsylvania Trust Co.
Superior Court of Pennsylvania
Appeal, No. 21, April T., 1897, by W. I. Stineman, from judgment of C. P. Cambria Co., Sept. T., 1895, No. 509, on verdict for plaintiffs. Trespass for mining .coal. Before Love, P. J., of the 49th judicial district specially presiding. It appeared from the record and evidence that this action was instituted to recover the value of coal mined and removed from under certain lands in Conemaugh township, Cambria county.
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Appeal, No. 21, April T., 1897, by W. I. Stineman, from judgment of C. P. Cambria Co., Sept. T., 1895, No. 509, on verdict for plaintiffs. Trespass for mining .coal. Before Love, P. J., of the 49th judicial district specially presiding. It appeared from the record and evidence that this action was instituted to recover the value of coal mined and removed from under certain lands in Conemaugh township, Cambria county. The plaintiffs claimed title by adverse possession for twenty-one years immediately prior to the alleged trespass in 1895. The defendants relied on the paper title, the…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of trespass for mining coal. As the case was submitted to the jury it was made to turn on the question of the plaintiffs’ title by adverse possession for twenty-one years immediately prior to the commission of the alleged trespass in 1895. The defendants’ contention was, in effect, that in order to prove title in that way it was incumbent on the plaintiffs to show such possession for twenty-one years prior to January 7, 1874, the date of the coal lease to E. W. Giddings from John Ross and Susan F. O’Connor, the then owners of *129the paper title to the…
2Cases cited11 opinions
- Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
- Delaware, Lackawanna & Western Railroad v. SandersonSupreme Court of Pennsylvania · 1885
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Lehigh & Wilkes-Barre Coal Co. v. WrightSupreme Court of Pennsylvania · 1896
- Kingsley v. Hillside Coal & I. Co., Pennsylvania Court of Common Pleas, Lackawanna County1892
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Greek v. WylieSupreme Court of Pennsylvania · 1920
- Hosack v. CrillSuperior Court of Pennsylvania · 1901
- Medusa Portland Cement Co. v. LamantinaSupreme Court of Pennsylvania · 1945
- Leap v. LeaheySuperior Court of Pennsylvania · 1917
- Girard Trust Co. v. Union Township School District, Pennsylvania Court of Common Pleas, Berks County1949
1 more not listed; retrieve them via the Exa API.