King v. New York & Cleveland Gas Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 147, Oct. T., 1902, by-defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1899, No. 88, on verdict for plaintiff in case of Thomas N. King et al. v. New York & Cleveland Gas Coal Company. Ejectment for coal under land in Plum township. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 147, Oct. T., 1902, by-defendant, from judgment of C. P. No. 2, Allegheny Co., April T., 1899, No. 88, on verdict for plaintiff in case of Thomas N. King et al. v. New York & Cleveland Gas Coal Company. Ejectment for coal under land in Plum township. Before Frazer, P. J. The facts are stated in the opinion of the Supreme Court. At the trial when Henry M. Johnson was on the stand he was asked this question: “ Q. 'Mr. Johnson, did you at that time know of any other coal underlying that land except the Pittsburg vein? ” Objected to as irrelevant and incompetent. Objection overruled…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
The learned trial judge should have withdrawn this case from the jury and directed a verdict for the defendant. '
Thomas King died in 1866, testate, seized of two tracts of land, not contiguous, situate in Plum township, Allegheny county, the larger of which contained 153 acres and was known as the “King farm,” and the smaller contained ninety-eight acres and was known as the “ Briar farm.” The personal estate *631of the decedent being insufficient for the payment of his debts, his surviving executors, in 1871, obtained an order from the orphans’ court of Allegheny…
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