Drake v. Lacoe
Supreme Court of Pennsylvania
Appeal, No. 133, Jan. T., 1893, by plaintiffs, Thomas Drake et al., from decree of C. P. Lackawanna Co., Nov. T., 1888, No. 3, dismissing bill in equity against R. D. Lacoe, J. B. Shiffer and John Jermyn, defendants. Bill in equity for account and for forfeiture of coal lease.
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Appeal, No. 133, Jan. T., 1893, by plaintiffs, Thomas Drake et al., from decree of C. P. Lackawanna Co., Nov. T., 1888, No. 3, dismissing bill in equity against R. D. Lacoe, J. B. Shiffer and John Jermyn, defendants. Bill in equity for account and for forfeiture of coal lease. The case was referred to W. W. Lathrope, Esq., as master, who reported the facts and conclusions of law as follows : “ 1. By an indenture of mining lease, dated the 28th day of November, 1863, and recorded, Charles Drake, then the owner of the 78 acres of land described in the plaintiff’s bill, did lease and let unto…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The plaintiffs to No. 3, November Term, 1888, of the common pleas of Lackawanna county, filed this bill against defendants, praying for an accounting as to certain coal royalties pa}rable to them under two certain sealed instruments executed and delivered by their ancestor Gharles Drake, dated respectively the 28th of November, 1863, and the 13th of April, 1865. The first dated agreement granted to Ralph D. Lacoe and J. B. Shiffer the coal on a tract of land in Lackawanna county, containing about 78 acres, excepting from its operation the upper vein. The term of the…
2Cases cited3 opinions
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