Brennan v. Pine Hill Collieries Co.

Opinion by

Mr. Justice Simpson,

June 30, 1933:

Claiming that they were the owners in fee of two parcels of land in Cass Township, Schuylkill County, Pa., containing .703 and 1.588 acres respectively, plaintiffs filed a bill in equity to have defendants restrained from removing coal from, and from trespassing on or carrying any materials through, the strata underlying these properties. Their alleged title is based entirely on one which their father acquired by adverse possession of the surface of the tracts for a period of more than twenty-one years, from 1862 to 1884. Their contention is that…