Legal Opinion

Gabler v. Black

Supreme Court of Pennsylvania

Decided December 31, 1904No. Appeal No. 155PublishedCited by 3 opinions

Appeal No. 155, Oct. T., 1904, by defendants, from order of O. P. Greene Co., making absolute rule to bring ejectment in case of Benjamin F. Gabler and Thomas C. Gabler v. James A. Black et al.

1Opinion of the Court

Opinion by

Mb. Justice Mestbezat,

The motion to quash this appeal must prevail. This is a proceeding instituted by the plaintiffs under the Act of March 8, 1889, P. L. 10, entitled “ An Act to settle title to real estate,” as amended by the Act of May 25, 1893, P. L. 131, to compel the defendants to bring an action of ejectment for the coal underlying a tract of land in Monongahela township, Greene county. The plaintiffs aver in their petition that they are the owners, have title to and are in sole possession of the coal and that the defendants are not in possession but “ claim some interest…

2Cases cited1 opinion

  1. Davenport v. JonesSupreme Court of Pennsylvania · 1889

3Cited by3 opinions

  1. State v. Rosenwald Bros.New Mexico Supreme Court · 1918
  2. Notley's PetitionSupreme Court of Pennsylvania · 1919
  3. Notley's PetitionSupreme Court of Pennsylvania · 1919

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