Dougherty, Tr. v. Thomas, Exr.

Opinion by

Mr. Justice Maxey,

This is an appeal from a judgment for $12,457, inclusive of interest, recovered by plaintiff in an action of assumpsit based on a claim for royalties accruing for seventeen years under a lease of a seam of coal. The divers rights of the parties to the lease have distributively passed by operation of law to “plaintiff” and “defendant” — which nomenclature as herein used shall be deemed inclusive of the parties’ respective predecessors in title.

The following defenses to plaintiff’s claim are before us for consideration: (1) Exclusive possession of the leased seam of…