Essex Coal Co. Appeal

Opinion by

Mr. Justice Eagen,

These appeals are from an order of a Pennsylvania State Mining Commission awarding damages covering interests in a quantity of coal underlying a tract of land condemned by the Pennsylvania Turnpike Commission.

The appellant, Essex Coal Company (Essex), was the owner of the surface and underlying coal of 813 acres of land in Luzerne County. On April 13, 1934, Essex “granted, demised, leased and to mine let” to William S. Jermyn and C. E. Banker, in consideration for certain covenants to be kept by the lessees, all the coal underneath the 813 acres together with so…