Miles Land Co. v. Pennsylvania Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 255, Jan. T., 1910, by plaintiff, from decree of C. P. Lackawanna Co., May Term, 1909, No. 5, certifying to the law side of the court the case of Miles Land Company v. The Pennsylvania Coal Company. Bill in equity for an injunction and for an account. Before Edwards, P. J. Error assigned was in certifying the case to the law side • of the court.
1Opinion of the Court
Per Curiam,
This bill prayed for an injunction to restrain defendant from mining coal under two parcels of land containing in the aggregate about six acres, and for an inspection of the mines, for discovery and an account of the coal mined and removed from the premises. It averred that the plaintiff is the owner of the land; the answer denies such ownership and avers that the defendant company owns the land in fee simple. The court below held that the bill would not lie, that the title must be determined in an action at law, and certified the case, under the Act of June 7, 1907, P. L. 440, to…
2Cited by4 opinions
- Nanheim v. SmithSupreme Court of Pennsylvania · 1916
- Lackawanna Ice Co. v. WeingartnerSupreme Court of Pennsylvania · 1937
- Hartman v. Pennsylvania Water & Power Co.Supreme Court of Pennsylvania · 1934
- McCafferty v. McCafferty, Pennsylvania Court of Common Pleas, Columbia County1922