Webber v. Vogel
Supreme Court of Pennsylvania
Appeal, No. 270, Oct. T., 1893, by defendant, Gottlieb Vogel, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1892, No. 242, on verdict for plaintiff, William Webber. Trespass for wrongful use of mining privileges. At the trial, before McClung, J., it appeared that, prior to 1879, James Kelley owned two adjoining tracts of land in Wilkins township.
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Appeal, No. 270, Oct. T., 1893, by defendant, Gottlieb Vogel, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1892, No. 242, on verdict for plaintiff, William Webber. Trespass for wrongful use of mining privileges. At the trial, before McClung, J., it appeared that, prior to 1879, James Kelley owned two adjoining tracts of land in Wilkins township. In that year Mrs. Eliza Lewis and Miss Eliza H. Lewis purchased at sheriff’s sale one of the tracts, consisting of about forty-three acres, being part of the land on which the alleged trespass was committed. In the same year James Weinmann…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
Mrs. Lewis and Miss Lewis by their deed conveyed to Sutton all the merchantable coal contained in a certain stratum opened, operated and lying beneath the tract specified, together with the free and uninterrupted right of way into, upon and under said land at such points and in such manner as may be proper or necessary for the purpose of taking and carrying away the coal, and also the tracks and tramways in the pit or pits opened in the seam. By deed Sutton granted and conveyed his right and title to the coal to Weinmann of whom appellant (defendant below) Avas…
2Cases cited1 opinion
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- Webber v. VogelSupreme Court of Pennsylvania · 1899
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