Lazarus v. Lehigh & Wilkes-Barre Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 124, Jan. T., 1914, by defendant, from judgment of- p. P. Luzerne Co., Oct. T., 1912, No. 312, for plaintiff on rule for judgment for want of a sufficient affidavit of defense in case of George Lazarus, William W. Lazarus and Melissa Lazarus, executors of C. B. Lazarus, deceased; Lucinda M. Brundage, Margaret D. Bennett, A. E. Brader and Martha Brader (representatives of Stella Brader, deceased) ; W. H. Lueder, A. .B.
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Appeal, No. 124, Jan. T., 1914, by defendant, from judgment of- p. P. Luzerne Co., Oct. T., 1912, No. 312, for plaintiff on rule for judgment for want of a sufficient affidavit of defense in case of George Lazarus, William W. Lazarus and Melissa Lazarus, executors of C. B. Lazarus, deceased; Lucinda M. Brundage, Margaret D. Bennett, A. E. Brader and Martha Brader (representatives of Stella Brader, deceased) ; W. H. Lueder, A. .B. Lueder, P. A. Lueder, C. A. Lueder, Fannie Conover and Edith Lewis, all heirs and representatives of Thomas Lazarus, deceased; William Stoddard, executor of John…
1DissentJustice Elkin
I am not familiar with any rule of law which gives a lessor the right to lease and receive royalties for coal owned by someone else. If the averments of the affidavit of defense are true, and this is a question of fact under the pleadings, the coal in dispute herd belongs to defendant, and if this be true, the lessors will be permitted to recover royalties for coal to which they have no title, and the lessee will be required to pay parties without title for coal mined and removed from its own premises. The technicalities of the law should not be permitted to make such a result possible. In…
2Cases cited1 opinion
- Lazarus v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1910