Sanderson v. City of Scranton
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of January Term 1884, No. 198. Amicable action in debt, and case stated, between the City of Scranton, plaintiff, and George Sanderson, James M. Robb, Samuel Robb, William O. Robb, Thomas Robb, trustee for Ann Eliza Cope, Thomas Robb, and Charles Du Pont Breck, trustee for G. S. Kingsbury, defendants, to recover for taxes assessed by the municipal authorities against certain coal in place which George Sanderson and the…
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Error to the Court of Common Pleas of Lackawanna county: Of January Term 1884, No. 198. Amicable action in debt, and case stated, between the City of Scranton, plaintiff, and George Sanderson, James M. Robb, Samuel Robb, William O. Robb, Thomas Robb, trustee for Ann Eliza Cope, Thomas Robb, and Charles Du Pont Breck, trustee for G. S. Kingsbury, defendants, to recover for taxes assessed by the municipal authorities against certain coal in place which George Sanderson and the devisees of Charles Robb had conveyed by an agreement, alleged by the city to be merely a license or lease, to one John…
1Opinion of the CourtJustice Clark
The single question which arises upon the case stated, is whether the instrument of writing, bearing date the 10th day of May, 1875, between George Sanderson and the devisees of Charles Robb, deceased, of the one part, and John Jermyn, of the other part, is a lease, properly so called, or virtually a sale of the minerals in place. What is termed a mineral lease is frequently found to be an actual sale of a portion of the land; it differs from an ordinary lease in this, that although both convey an interest in land, the latter merely.conveys the right’ to its temporary use and occupation,…
2Cases cited1 opinion
- Bowne v. JohnsonMichigan Supreme Court · 1843
3Cited by44 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
- Curry v. Bacharach Quality Shops, Inc.Supreme Court of Pennsylvania · 1921
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
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