Reisinger v. Garrett Smokeless Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 167, Oct. T., 1918, by defendant, from order of O. P. Somerset Co., Feb. T., 1918, No. 76, awarding possession of coal in case of Daniel M. Eeisinger v. Garrett Smokeless Coal Company, a corporation, et al. Proceedings under the Act of April 20, 1905, Sec. 12, P. L. 239, to secure possession of coal sold at a sheriff’s sale under foreclosure proceedings on a mortgage.
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Appeal, No. 167, Oct. T., 1918, by defendant, from order of O. P. Somerset Co., Feb. T., 1918, No. 76, awarding possession of coal in case of Daniel M. Eeisinger v. Garrett Smokeless Coal Company, a corporation, et al. Proceedings under the Act of April 20, 1905, Sec. 12, P. L. 239, to secure possession of coal sold at a sheriff’s sale under foreclosure proceedings on a mortgage. The question involved was whether or not a lease of the coal held by appellant was divested by the sale. The material facts are set forth in the opinion of the Supreme Court. Error assigned was order awarding…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is a statutory proceeding to obtain possession of land purchased at sheriff’s sale. In 1910 the Kenneth Coal Company gave the Milford Coal Company a first mortgage on certain coal lands in Somerset County. Later'the land was conveyed to the Mountain Smokeless Coal Company, who, in 1913, executed a royalty lease to Wm. G. Hocking for all the coal therein. The lease was duly recorded and in 1916 assigned by Hocking to the Garrett Smokeless Coal Company, the appellant. By sundry assignments Henry T. Hocking became the owner of the mortgage, and, on February 5,…
2Cases cited18 opinions
- Hartman v. OgbornSupreme Court of Pennsylvania · 1867
- Reading v. HopsonSupreme Court of Pennsylvania · 1879
- Coyne v. SoutherSupreme Court of Pennsylvania · 1869
- Mather v. ClarkSupreme Court of Pennsylvania · 1833
- Goepp v. GartiserSupreme Court of Pennsylvania · 1860
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