Curran v. Delano
Supreme Court of Pennsylvania
Appeal, No. 371, Jan. T., 1910,'*' by defendants, from decree of C. P. Schuylkill Co., March T., 1909, No. 3, on bill in equity in case of John. E. Curran, Mine Inspector in the Eighteenth Anthracite District of the State of Pennsylvania v. Warren Delano Jr. and Frederick A. Delano, Trustees under the last will and testament of Warren Delano, deceased, and under the last will and testament of James S. Cox, deceased. Bill in equity for an injunction.
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Appeal, No. 371, Jan. T., 1910,'*' by defendants, from decree of C. P. Schuylkill Co., March T., 1909, No. 3, on bill in equity in case of John. E. Curran, Mine Inspector in the Eighteenth Anthracite District of the State of Pennsylvania v. Warren Delano Jr. and Frederick A. Delano, Trustees under the last will and testament of Warren Delano, deceased, and under the last will and testament of James S. Cox, deceased. Bill in equity for an injunction. Before Bechtel, J. The facts are stated in the opinion of the Supreme Court. Error assigned, was decree awarding injunction.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Warren Delano and James S. Cox were the owners of a tract of coal land in Schuylkill county. By a lease dated April 26, 1882, they leased the eastern portion of the tract to the Mill Creek Coal company; and by a lease dated March .8, 1888, they leased the western portion to certain persons who, on November 28, 1888, assigned the lease to the Dodson Coal Company. By an agreement dated January 16, 1889, the parties agreed upon and fixed a new boundary line between the properties of the two coal companies. In each of the leases it is provided that between the…
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