Caldwell v. Copeland
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This Ayas an action of trespass quare clausum fregit, brought by William S. Caldwell against Thomas Copeland and John Copeland, for an alleged breaking and entering on the lands of plaintiff in Sewickley township, containing about one hundred and fifty acres, and carrying away ten thousand bushels of bituminous coal.
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Error to the Common Pleas of Westmoreland county. This Ayas an action of trespass quare clausum fregit, brought by William S. Caldwell against Thomas Copeland and John Copeland, for an alleged breaking and entering on the lands of plaintiff in Sewickley township, containing about one hundred and fifty acres, and carrying away ten thousand bushels of bituminous coal. To a declaration in the usual form, the defendants pleaded “ not guilty,” and on this issue, the parties went to trial. The case was this:— James Caldwell, prior to the 27th day of May 1831, was the owner of the tract of land from…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
It is apparent, from that part of the charge of the learned judge which is recited in the first error assigned, that he made the title of Caldwell to the coal in dispute to depend altogether on the actual possession which Caldwell had maintained of the surface, and not at all upon his occasional entries to take coal, of which there was evidence. The judge’s language was : — “ This actual possession of the surface carries with it the actual possession downward perpendicularly through all the various strata. The actual possession, therefore,…
2Cited by22 opinions
- Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Williams v. South Penn Oil Co.West Virginia Supreme Court · 1902
- President, Managers & Co. of the Delaware & Hudson Canal Co. v. HughesSupreme Court of Pennsylvania · 1897
- Wallace v. HoytCourt of Appeals of Texas · 1920
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