Winton Coal Co. v. Pancoast Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 161, Jan. T., 1895, by-plaintiff, from judgment of C. P. Lackawanna Co., April T., 1893, No. 469, on verdict for defendant. Assumpsit to recover the value of coal mined by plaintiff’s cotenant. Before McClure, P. J., specially presiding. At the trial plaintiff claimed to be the owner of an undivided one fourth of all the coal in one hundred and eight acres of land known as the Anderson farm in Throop borough.
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Appeal, No. 161, Jan. T., 1895, by-plaintiff, from judgment of C. P. Lackawanna Co., April T., 1893, No. 469, on verdict for defendant. Assumpsit to recover the value of coal mined by plaintiff’s cotenant. Before McClure, P. J., specially presiding. At the trial plaintiff claimed to be the owner of an undivided one fourth of all the coal in one hundred and eight acres of land known as the Anderson farm in Throop borough. On December 30, 1886, certain other parties who claimed an interest in the land executed a lease or contract for the sale of all of the coal in the land to the Paneoast Coal…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This record does not present the precise question that was left undetermined in Luck v. Luck, 113 Pa. 256; whether, in the absence of an express agreement to pay, assumpsit will lie *441between tenants in common for use and occupation of the common property. This contention relates to proceeds of coal mined from an underlying stratum in a tract of about one hundred and eight acres of land. The testimony introduced by plaintiff company tended to show title in it, as tenant in common with defendant and others, to an undivided one fourth part of said coal, that…
2Cases cited11 opinions
- North Pennsylvania Coal Co. v. SnowdenSupreme Court of Pennsylvania · 1862
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
- Scantlin v. AllisonSupreme Court of Kansas · 1884
- Norris's AppealSupreme Court of Pennsylvania · 1870
- Abel v. Love & FowlerCalifornia Supreme Court · 1861
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3Cited by3 opinions
- Laughner v. WallySupreme Court of Pennsylvania · 1920
- Simon v. Yantorn, Pennsylvania Court of Common Pleas, Lackawanna County1952
- Wells v. BeckerSuperior Court of Pennsylvania · 1904