Beuke v. Boggs Run Mining & Manufacturing Co.

Woods, Judge:

There has been certified to us by the circuit court questions involving the correctness of its rulings on defendants’ demurrers to the declaration and plaintiff’s demurrer to the special plea filed in.the action.

The declaration alleges that the plaintiff is the owner in fee of a .672-acre tract of coal land bought from the Boggs Run Mining & Manufacturing Company in 1896, and also the owner of the surface of a contiguous tract of 18.5 acres bought from the same company in 1900; that in 1917, said mining company leased the Pittsburgh vein of coal of a large tract belonging to it…