Dierken v. Shultz

Opinion by

Dithrioh, J.,

The original controversy between the Millers and the plaintiffs in this action arose over the title to oil and gas rights 'under part of a tract of land owned by the Millers. The title to this interest has been adjudicated in two actions of ejectment which were appealed to this court. Miller v. Dierken, 153 Pa. Superior Ct. 389, 33 A. 2d 804, and. idem, 157 Pa. Superior Ct. 69, 41 A. 2d 438. The plaintiffs own the oil and gas under fifty-four acres, which were severed by a reservation in a-deed in 1880. The Millers own the surface of the fifty-four acres and an…