Plummer v. Hillside Coal & Iron Co.
Supreme Court of Pennsylvania
Appeal, No. 263, Jan. T., 1894, by plaintiff, Emma A. Plummer, from judgment of C. P. Lackawanna Co., Sept. T., 1890, No. 886, on verdict for defendants. Trespass quare clausum fregit for entering plaintiff’s land and taking coal therefrom. Before Gtjnster, J. At the trial it appeared that, in 1804, Edward London took out a warrant for a tract of land on the Lackawanna river which included the'land in controversy in this case.
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Appeal, No. 263, Jan. T., 1894, by plaintiff, Emma A. Plummer, from judgment of C. P. Lackawanna Co., Sept. T., 1890, No. 886, on verdict for defendants. Trespass quare clausum fregit for entering plaintiff’s land and taking coal therefrom. Before Gtjnster, J. At the trial it appeared that, in 1804, Edward London took out a warrant for a tract of land on the Lackawanna river which included the'land in controversy in this case. He went into possession of it, and remained in possession until his death. The land in dispute came into possession of Samuel Callender, a son-in-law of London, who, in…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The learned counsel for the appellant states the point in controversy very fairly and clearly in the opening sentence of his printed argument. He says : “ The contention in this case is confined to the effect and subsequent history of the Callender lease, dated the first of October, 1828.” His position is that the lease granted only an incorporeal right to the lessee, to be exercised upon the premises covered by the lease. The appellees, on the other hand, contend that it granted the coal in place, under the land, absolutely. The words of the instrument upon…
2Cases cited6 opinions
- Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
- Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
- Kingsley v. Hillside Coal & I. Co., Pennsylvania Court of Common Pleas, Lackawanna County1892
- Armstrong v. CaldwellSupreme Court of Pennsylvania · 1867
- Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Steelsmith v. GartlanWest Virginia Supreme Court · 1898
- Heller v. DaileyIndiana Court of Appeals · 1902
- President, Managers & Co. of the Delaware & Hudson Canal Co. v. HughesSupreme Court of Pennsylvania · 1897
- Wallace v. HoytCourt of Appeals of Texas · 1920
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
26 more not listed; retrieve them via the Exa API.