Pope v. McMichael

Opinion by

Hirt, J.,

Defendant was the owner in fee of 44.8 acres of land in North Fayette Township, Allegheny County. In 1917 he conveyed “the Pittsburgh or river vein of coal, lying within the ten foot outcrop line” underlying his land, to a predecessor of Montour Collieries Company. Defendant is still the owner of the surface and all other estates in the land except as his title may be affected, under present circumstances, by his conveyance of the above vein of coal. That deed as well as all subsequent conveyances in the chain of title of Montour Collieries Company, contains this covenant:…