Cambria Iron Co. v. Leidy
Supreme Court of Pennsylvania
Appeal, No. 44, Oct. T., 1909, by plaintiffs, from judgment of C. P. Cambria Co., Sept. T., 1906, No. 376, on verdict for defendants in case of Cambria Iron Company, and Coulter .& Huff v. Harry Leidy, Howard Leidy and Amos Leidy. Issue to determine title to real estate. Before O’Connor, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 44, Oct. T., 1909, by plaintiffs, from judgment of C. P. Cambria Co., Sept. T., 1906, No. 376, on verdict for defendants in case of Cambria Iron Company, and Coulter .& Huff v. Harry Leidy, Howard Leidy and Amos Leidy. Issue to determine title to real estate. Before O’Connor, P. J. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows: In the issue you have been impaneled and sworn to try two parties are contending for the ownership of certain coal lands in East Taylor township, in this county. The Leidy heirs are in possession of the land…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The learned judge of the court below should have permitted the defendants to pursue the remedy suggested in their petition, and ought not to have compelled them to proceed under another act of assembly. The defendants presented their petition to the court averring that they were in possession of and had title to a certain tract of land in East Taylor township, Cambria county; that the plaintiffs claimed an interest in and title to the coal in and under the premises; and prayed for a rule upon the plaintiffs to bring an action of ejectment for said coal within…
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