Legal Opinion

Caldwell v. Fulton

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 43 opinions

Error to tbe Common pleas of Westmoreland county. This was an action on the case by W. S. Caldwell against Robert Eulton, for digging and taking 20,000 bushels of stone coal from under his lands.

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Error to tbe Common pleas of Westmoreland county. This was an action on the case by W. S. Caldwell against Robert Eulton, for digging and taking 20,000 bushels of stone coal from under his lands. On the 27th May 1831, James Caldwell, the ancestor of the plaintiff, was the owner of the locus in quo, and on that day he conveyed to one George Greer, 16 acres of the tract, lying on the ^Youghiogheny river; and “ also, the full right, title, and privilege of digging and taking away stone coal, to any extent the said George Greer may think proper to do, or cause to be done, under any of the land…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

This record presents the same question which was here at October Term 1855, in an action between the same parties. The writ of error is designed to bring under review the adjudication which was then made. At that time, this court was of opinion that the deed from Caldwell to Greer was an absolute and exclusive conveyance of all the coal under the grantor’s land, and not a mere license, or incor-poreal hereditament. Such a construction of the deed is supposed to have been erroneous, and we have heard an earnest and able argument in support of…

2Cases cited5 opinions

  1. Clap v. DraperMassachusetts Supreme Judicial Court · 1808
  2. Fish v. SawyerSupreme Court of Connecticut · 1836
  3. Means v. Presbyterian ChurchSupreme Court of Pennsylvania · 1842
  4. Van Rensselaer v. RadcliffNew York Supreme Court · 1833
  5. Morris v. PhalerSupreme Court of Pennsylvania · 1833

3Cited by43 opinions

  1. Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
  2. Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
  3. Hetrick v. Apollo Gas Co.Superior Court of Pennsylvania · 1992
  4. Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
  5. Miller v. Lutheran Conference and Camp Ass'nSupreme Court of Pennsylvania · 1938

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