Moreland v. H. C. Frick Co.
Supreme Court of Pennsylvania
Appeal, No. 136, July T., 1894, by plaintiffs, from judgment of C. P. Pajmtte Co., June T., 1892, No. 382, on verdict for defendant. Trespass to recover the value of coal alleged to have been wrongfully mined and removed from the lands of the plaintiffs. The material facts are fully stated in the opinion of the Supreme Court.
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Appeal, No. 136, July T., 1894, by plaintiffs, from judgment of C. P. Pajmtte Co., June T., 1892, No. 382, on verdict for defendant. Trespass to recover the value of coal alleged to have been wrongfully mined and removed from the lands of the plaintiffs. The material facts are fully stated in the opinion of the Supreme Court. When John Wiltrout was on the stand he was asked this question by plaintiffs’ counsel: Q. “ Did you ever hear him (John H. Moreland) say how he claimed to own the farm ? ” Mr. Playford: “ Don’t answer that; we object.” The Court: “Well, that has been passed upon…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
This suit was brought to recover from defendant damages for mining and removing a large quantity of coal, which plaintiffs claimed belonged to them because it was under their land. Originally, the tract of which this was a part contained 300 acres, and was owned by Isaiah Moreland, who, having died intestate, the land descended to his two sons, David and Alexander Moreland, as tenants in common. Without a defined partition of record, the sons, by mutual consent, seem to have occupied the land in severalty; David, who was married, living on one end of the tract, and…
2Cases cited3 opinions
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Algonquin Coal Co. v. Northern Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Moreland v. MorelandSupreme Court of Pennsylvania · 1888
3Cited by6 opinions
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
- Bohm v. Howard (In Re Howard)United States Bankruptcy Court, W.D. Pennsylvania · 2009
- Northern Coal & Iron Co. v. BurrSuperior Court of Pennsylvania · 1910
- United States v. United Penn BankDistrict Court, M.D. Pennsylvania · 1984
- Mostoller v. Pile, Pennsylvania Court of Common Pleas, Somerset County1977
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