Chartiers Block Coal Co. v. Mellon
Supreme Court of Pennsylvania
Appeals, Nos. 309 and 310, Oct. T., 1891, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1891, Nos. 24 and 319, refusing preliminary injunctions.
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Appeals, Nos. 309 and 310, Oct. T., 1891, by plaintiff, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1891, Nos. 24 and 319, refusing preliminary injunctions. In the Chartiers Block Coal Co. v. Mellon, the bill averred that plaintiff is a corporation owning all the coal under one hundred and eighty-seven acres of land, conveyed to plaintiff in fee simple by R. L. McCully and wife; that prior to the execution of the deed by R. L. McCully, the absolute title to the land, both surface and mineral, was in Samuel McKown; that said McKown vested the fee simple title to the coal with mining…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
This is a case of first impressions and of very grave importance. And in view of these facts, -we have been asked to express our opinion of the law bearing upon it, notwithstanding it is an appeal from a decree awarding a preliminary injunction. The facts are probably as fully before us now as they will ever be.
The contest arises between the owner of the surface, or his lessees, and the Chartiers Block Coal Company, the plaintiff below and appellant, which is the owner in fee of the coal beneath the surface. The company purchased the coal on December…
2Cases cited2 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
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