Myers v. Kingston Coal Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 428 January Term 1889, Sup. Ct.; court below, No. 622 October Term 1885, C. P. On August 22, 1885, Frederick Benham Myers, and William Penn Myers brought ejectment against the Kingston Coal Company to recover interests in certain coal lands. The defendant pleaded, not guilty, and subsequently, “ former recovery and that the matter in controversy has been adjudicated.”
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ERROR TO THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 428 January Term 1889, Sup. Ct.; court below, No. 622 October Term 1885, C. P. On August 22, 1885, Frederick Benham Myers, and William Penn Myers brought ejectment against the Kingston Coal Company to recover interests in certain coal lands. The defendant pleaded, not guilty, and subsequently, “ former recovery and that the matter in controversy has been adjudicated.” At the trial on March 13, 1888, it was made to appear as follows: Madison F. Myers died August 2, 1859, leaving a widow, Harriet, and five children, Miranda M., Philip…
1Opinion of the Court
Opinion,
Min Justice Mitchell:
This is an ejectment by plaintiffs in error who were also *598plaintiffs below, against defendants in error, who claim to hold possession as lessees of plaintiffs’ title. It is admitted that the land was in possession of plaintiffs’ father, Madison Myers, as owner, at his death in 1859, and that plaintiffs are devisees under his will of undivided interests in the land.
' Defendants hold possession under a lease from the devisees of Madison Myers in 1864, all the other devisees being then sui juris and joining in the lease, and plaintiffs, then infants, being-parties to…
2Cases cited4 opinions
- Effinger v. LewisSupreme Court of Pennsylvania · 1859
- Lewis v. EffingerSupreme Court of Pennsylvania · 1858
- Chambers v. LapsleySupreme Court of Pennsylvania · 1847
- Morgan v. BrowneSupreme Court of Pennsylvania · 1872
3Cited by23 opinions
- Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959
- Sterle v. Galiardi Coal & Coke Co.Superior Court of Pennsylvania · 1951
- Central Guarantee Trust & Safe Deposit Co. v. WhiteSupreme Court of Pennsylvania · 1903
- Fleming v. StrayerSupreme Court of Pennsylvania · 1951
- Black v. MillerSupreme Court of Iowa · 1912
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