Legal Opinion

Powell v. Lantzy

Supreme Court of Pennsylvania

Decided February 17, 1896No. Appeal, No. 248PublishedCited by 26 opinions

Appeal, No. 248, Oct. T., 1895, by plaintiffs, from, judgment of C. P. Cambria Co., March T., 1895, No. 136, for defendants on facts admitted. Ejectment to recover coal and other minerals underlying a tract of unseated land. Before Miller, P. J., of the 35th judicial district, specially presiding. The case was tried by the court without a jury under an agree •ment in which the facts were admitted.

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Appeal, No. 248, Oct. T., 1895, by plaintiffs, from, judgment of C. P. Cambria Co., March T., 1895, No. 136, for defendants on facts admitted. Ejectment to recover coal and other minerals underlying a tract of unseated land. Before Miller, P. J., of the 35th judicial district, specially presiding. The case was tried by the court without a jury under an agree •ment in which the facts were admitted. The “Admission of Facts” filed by the parties was as fol lows: For the purposes of this suit it is admitted that the land described as 255 acres, 158 perches, situate in Susquehanna township,…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

This is an appeal from the judgment entered in an action of ejectment brought to recover the coal and minerals in a tract of land in the possession of the defendants. From the admitted facts it appears that in September, 1883, Irvin conveyed the tract to Flynn. In November, 1883, Flynn conveyed to Jose, excepting and reserving the coal and minerals, and at the same time conveyed the one half part of all the minerals reserved to H. B. and J. F. Powell. In the same year Jose conveyed to John Lantzy, one of the defendants. At the time of the conveyance by Irvin to…

2Cases cited26 opinions

  1. Moss v. ShearCalifornia Supreme Court · 1864
  2. Lacey v. Davis & McFarrenMichigan Supreme Court · 1856
  3. Blackwood v. Van VleitMichigan Supreme Court · 1874
  4. Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
  5. Caldwell v. FultonSupreme Court of Pennsylvania · 1858

21 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Lund v. HeinrichSupreme Court of Pennsylvania · 1963
  2. Culhane's EstateSupreme Court of Pennsylvania · 1939
  3. Rockwell v. Warren CountySupreme Court of Pennsylvania · 1910
  4. Proctor v. Sagamore Big Game ClubCourt of Appeals for the Third Circuit · 1959
  5. Hummel v. McFaddenSupreme Court of Pennsylvania · 1959

21 more not listed; retrieve them via the Exa API.

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