Sedat, Inc. v. Fisher

BROSKY, Judge.

This is an appeal from an Order dismissing appellant’s Complaint in Equity following submission of the matter upon a stipulation of facts.

Appellant owns a sixty-four acre subsurface tract of coal in Armstrong County. This ownership is evidenced by a coal deed from the Twin Oaks Coal Company (Twin Oaks) to appellant. The deed has been duly recorded in the Office of the Recorder of Armstrong County. Appellees are the owners of a fífty-one acre tract of surface land in Armstrong County, underneath which lies appellant’s subsurface tract. Appellees’ ownership is evidence by a deed…