Williams v. Hay
Supreme Court of Pennsylvania
ERROR, TO THE COURT OE COMMON PLEAS OE SOMERSET COUNTY. No. 77 July Term 1887, Sup. Ct.; court below, No. 62 September Term 1885, C. P. On June 4,1885, a summons in case was issued in an action by J. M. Hay against Charlotte Williams and Thomas Williams, her husband.
Read the full summary
ERROR, TO THE COURT OE COMMON PLEAS OE SOMERSET COUNTY. No. 77 July Term 1887, Sup. Ct.; court below, No. 62 September Term 1885, C. P. On June 4,1885, a summons in case was issued in an action by J. M. Hay against Charlotte Williams and Thomas Williams, her husband. The declaration averred the ownership and possession of the plaintiff of two certain parcels of land in ElMick township; No. 1 containing about 33 acres and 44 perches, adjoining land of the Salisbury & Baltimore Railroad & Coal Co., being a portion of a tract of 42.42 acres; and No. 2 containing about 241 acres, adjoining land…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
It is settled law in this state that where one person owns the surface and another person owns the coal or other minerals lying underneath, the under or mineral estate ovres a servitude of sufficient support to the upper or superincumbent estate. This principle has no application where the same person is the owner of both estates, nor does it apply where by the contract between the parties they have covenanted for a different rule. Like any other right, the owner of the surface may part with the right to support, by his deed or covenant: Jones v. Wagner, 66 Pa.…
2Cases cited5 opinions
- Jones v. WagnerSupreme Court of Pennsylvania · 1870
- Scranton v. PhillipsSupreme Court of Pennsylvania · 1880
- Coleman v. ChadwickSupreme Court of Pennsylvania · 1876
- Carlin & Co. v. ChappelSupreme Court of Pennsylvania · 1882
- Horner v. WatsonSupreme Court of Pennsylvania · 1875
3Cited by34 opinions
- Collins v. Gleason Coal Co.Supreme Court of Iowa · 1908
- Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1950
- Penman v. JonesSupreme Court of Pennsylvania · 1917
- Siegel v. Struble Bros., Inc.Superior Court of Pennsylvania · 1942
29 more not listed; retrieve them via the Exa API.