Babcock Lumber Co. v. Allison

Opinion by

Baldbige, J.,

This appeal is from the order of the court below refusing to open a judgment confessed by the plaintiff against the defendant for rentals due under a lease.

The John Irvin Executors et al., by deed, dated January 17,1898, conveyed to E. V. Babcock seventeen tracts of land in Paint and Ogle Townships, Somerset County, reserving thereunder all the coal and fire clay and the right to erect tipples, dwelling houses for the use of miners, and other buildings, and to build and operate railroad sidings, wagon roads, etc.

These tracts were later transferred by the grantee to the…