Lyon v. Miller
Supreme Court of Pennsylvania
ERROR, to the Common Pleas of Blair county. This was an action of covenant by George Mulhollan and William Lyon v. John Miller, founded on an agreement under seal or lease by the plaintiffs to Miller, dated 30th March, 1848. By the instrument referred to, the plaintiffs leased to Miller the privilege and right to mine and dig coal on their land south of a line of land in dispute between them and Shoenberger.
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ERROR, to the Common Pleas of Blair county. This was an action of covenant by George Mulhollan and William Lyon v. John Miller, founded on an agreement under seal or lease by the plaintiffs to Miller, dated 30th March, 1848. By the instrument referred to, the plaintiffs leased to Miller the privilege and right to mine and dig coal on their land south of a line of land in dispute between them and Shoenberger. Miller was to pay “for every bushel he may mine or dig upon said land” three-eighths of a cent. The lease to terminate on 1st April, 1849. Mulhollan died, and the administrator of his…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
As the second amended declaration was withdrawn by the plaintiffs in error, their bill of exception to the rejection of evidence offered under it is not á matter for consideration here. The parol evidence of an agreement different from the covenant declared on was properly rejected. This disposes of the 1st assignment of error.
This action is founded on an agreement under seal, by which Mulhollan & Lyon granted to John Miller the right to mine and dig coal on their land, south of the line known as the disputed line, he paying for every…
2Cited by12 opinions
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- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Milligan v. HaggertyMichigan Supreme Court · 1941
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
- Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
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