McKelvy v. Wilkinsburg Domestic Coal Co.

Per Curiam,

Plaintiffs, by their bill, seek to restrain defendants from mining coal underlying two separate properties in Wilkins Township, Allegheny County, containing together approximately 48 acres, and also to recover treble damages for coal removed by defendants. The court below sustained defendants’ demurrer and dismissed the bill. Plaintiffs have appealed.

By general warranty deed, dated March 1,1873, plaintiff’s father, since deceased, conveyed to Dickson, Stewart & Co. “all the good black merchantable stone coal” underlying the Wilkins Township properties, “with the privilege of mining…