Donaldson v. Cotterell

Cummins J.,

On Oct. 23, 1920, one Mary M. Donaldson conveyed to Theodore R. Cotterell 21.57 acres of land, subject to a purchase-money mortgage of $9900. On Nov. 4, 1920, Cotterell conveyed the Pittsburgh coal underlying said land to one John M. Greek “under and subject” *177to said mortgage; and on the same day Cotterell received back from Greek a lease to mine said coal. On March 21st of the following year Cotterell conveyed the “surface” of said land to Willeott Coal Company, and on the same day assigned to said coal company the aforesaid coal lease. Greek later died, the title to said coal…