Babcock Lumber Co. v. Faust

Opinion by

Reno, J.,

Ejectment was brought to recover possession of portions of the surface of a tract of land owned by plaintiff in Ogle Township, Somerset County, and upon which defendants were using roads and maintaining buildings under mining rights claimed by them. The parties submitted the case to the trial judge sitting without a jury under the Act of April 22, 1874, P. L. 109, as amended ¡by the Act of July 10, 1935, P. L. 640, 12 PS §§688 et seq., 'and this appeal is from a judgment for defendants in the court below.

By deed dated January 17, 1898, the executor and heirs of John Irvin,…