Armstrong v. Caldwell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county. Trespass, commenced August 12th 1863, by William S. Caldwell against Charles Armstrong, for breaking and entering the close of the plaintiff and carrying away 20,000 bushels of coal.
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Error to the Court of Common Pleas of Westmoreland county. Trespass, commenced August 12th 1863, by William S. Caldwell against Charles Armstrong, for breaking and entering the close of the plaintiff and carrying away 20,000 bushels of coal. James Caldwell was the owner of a farm (the locus in quo), and on the 27th of May 1831 conveyed two pieces of land, part of it, to George Greer, and “ also, the full right, title and privilege of digging and talcing away stone-coal to any extent, he, the said George Greer, may think proper to do or cause to be done under any of the other land now owned…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
That under the deed from James Caldwell to George Greer, made the 27th day of May 1831, the latter acquired the absolute ownership of all the coal under the surface of the grantor’s land, is not now in controversy. Nor is it denied that Armstrong, the plaintiff in error, has succeeded to the rights of Greer under that conveyance. But the plaintiff below, who is the son and devisee of James Caldwell, contends that Armstrong’s title has been lost, by an adverse possession of the coal, continued for a period of more than twenty-one years. This…
2Cited by19 opinions
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- President, Managers & Co. of the Delaware & Hudson Canal Co. v. HughesSupreme Court of Pennsylvania · 1897
- Wallace v. HoytCourt of Appeals of Texas · 1920
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Pellow v. Arctic Iron Co.Michigan Supreme Court · 1910
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