Burke v. Pittsburgh Limestone Corp.

Opinion by

Mr. Justice Arnold,

This is a proceeding for a declaratory judgment. We have decided to accept such proceedings even *392though under the facts a common law action could have been brought. See Philadelphia Manufacturers Mutual Fire Insurance Company v. Rose, 364 Pa. 15, 70 A. 2d 316.

In 1912 I. E. Anthony and wife, being the owners of 50 acres of land in Armstrong County, “granted, bargained, sold, let and leased” to Pittsburgh Limestone Company Ltd. all the limestone under 50 acres of land, with, inter alia, the right to mine and remove that mineral. In consideration thereof the company…