Leininger's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Schuylkill county: Of January Term, 1884, No. 317. This was an appeal by John P. Leininger et al. from a decree of said court sustaining a bill in equity filed by the Summit Branch Bailroad Company against the appellants, and granting an injunction restraining them from entering upon, cutting timber and conducting mining operations for coal upon a certain tract of land, to which both parties claimed title.
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Appeal from the Court of Common Pleas of Schuylkill county: Of January Term, 1884, No. 317. This was an appeal by John P. Leininger et al. from a decree of said court sustaining a bill in equity filed by the Summit Branch Bailroad Company against the appellants, and granting an injunction restraining them from entering upon, cutting timber and conducting mining operations for coal upon a certain tract of land, to which both parties claimed title. The plaintiffs claimed that at the time of defendant’s entry they had possession. An answer was filed to the bill, and the cause was referred to a…
1Opinion of the CourtJustice Trunkey
The plaintiff claims that for many years it has owned and had actual possession of thirteen contiguous tracts of land, containing thirty-two hundred acres, situate in the counties of Dauphin and Schuylkill. Upon the land it built houses, saw-mills, cut timber, constructed railroads, and carried on extensive mining operations. It has three colleries, and improvements necessary and convenient for mining coal. The greater part of the land is an unenclosed and unimproved wilderness.
One of the tracts was warranted and surveyed in the name of John Lengel in 1794, and on the south end of that tract…
2Cited by3 opinions
- Jones v. AmselSupreme Court of Pennsylvania · 1957
- North Shore Railroad v. Pennsylvania Co.Supreme Court of Pennsylvania · 1899
- Welch v. SheafferSuperior Court of Pennsylvania · 1905