Algonquin Coal Co. v. Northern Coal & Iron Co.
Supreme Court of Pennsylvania
Appeal, No. 485, Jan. T., 1894, by plaintiff, from judgment of C. P. Luzerne Co., March T., 1894, No. 299, in favor of defendant, in case tried by the court without a jury. Amicable action in trespass. Before Rice, P. J. The case was tried without a jury under the act of April 22,, 1874. The material facts appear by the opinion of the Supreme Court.
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Appeal, No. 485, Jan. T., 1894, by plaintiff, from judgment of C. P. Luzerne Co., March T., 1894, No. 299, in favor of defendant, in case tried by the court without a jury. Amicable action in trespass. Before Rice, P. J. The case was tried without a jury under the act of April 22,, 1874. The material facts appear by the opinion of the Supreme Court. Plaintiff’s point was among others as follows: “1. Under the exception and reservation as to the coal contained in the deed from Thomas Wright to Henry Courtwright, the exclusive ownership of the coal under the land therein described was vested in…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff does not claim to own the surface of the land covered by the description filed in this case, but does claim to be the owner of the coal below the surface. This action is brought therefore to recover for an alleged invasion of the underlying estate which the plaintiff says was severed from the surface in 1801, and has continued to belong to its grantors down to the time of the lease or conveyance to itself. The facts found by the learned trial judge show that prior to 1801 the surface and the subsurface were owned by Thomas Wright. In that year he…
2Cases cited1 opinion
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
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