Eastern Gas & Fuel Associates v. Kalp

Feigus, J.,

This case is before the court en banc upon defendants’ preliminary objections *467to a complaint in equity following a hearing upon a request for a preliminary injunction seeking to restrain defendants from interfering with plaintiff’s alleged coal mining rights.

Plaintiff’s amended complaint sets forth a conveyance by defendants’ predecessor in title to its predecessor in title of all the coal lying below the Sleasman vein of coal underlying defendants’ 83-acre tract of land, by deed dated November 6, 1917, and recorded in deed book vol. 365, page 243. Said deed contains the following…