Dunham v. Haggerty
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mercer county: Of October and November Term 1885, No. 78. Covenant, by Sarah Haggerty et al., heirs of Win. Haggerty, deceased, against W. B. Dunham, Joseph McCleery et al., upon a contract under seal entered into by plaintiffs and defendants. Pleas, non est factum, covenants performed, etc.
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Error to the Court of Common Pleas of Mercer county: Of October and November Term 1885, No. 78. Covenant, by Sarah Haggerty et al., heirs of Win. Haggerty, deceased, against W. B. Dunham, Joseph McCleery et al., upon a contract under seal entered into by plaintiffs and defendants. Pleas, non est factum, covenants performed, etc. On the trial, before Neale, P. J., of the thirty-third judicial district, the following facts appeared : On October 7th, 1871, plaintiffs conveyed to Dunham and McCleery, all the coal and other minerals under a certain described tract of land together with all the…
1Opinion of the CourtJustice Tuunkey
By the deed dated October 7th, 1871, the grantors conveyed to the grantees, their heirs and assigns, all the coal and other minerals under the described land, “ with the right to construct railroads, underground entries, and all necessary buildings and fixtures to facilitate the mining and removing said coal and other minerals, and to occupy such land as may be necessary for the same, by paying a reasonable rent therefor, as well as for the refuse of said mines.” And Sarah Haggerty, one of the grantors, had the privilege to take, without charge, as much of the mined coal or slack as necessary…
2Cited by6 opinions
- Tustin v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1915
- Hollenback Coal Co. v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1907
- Wright v. Warrior Run Coal Co.Supreme Court of Pennsylvania · 1897
- State v. Hobart Iron Co.Supreme Court of Minnesota · 1919
- Daniels v. Lehigh Portland Cement Co.Supreme Court of Pennsylvania · 1924
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