Lykens Valley Coal Co. v. Dock
Supreme Court of Pennsylvania
May 17th 1869. Before Thompson, C. J., Agnew, Shars wood and Williams, JJ. Read, J., absent. Error to the Court of Common Pleas of Dauphin county: No 9, to May Term 1869. This was an action of trover by Gilliard Dock, assignee for the benefit of creditors of The Franklin Coal Company, against The Lykens Valley Coal Company.
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May 17th 1869. Before Thompson, C. J., Agnew, Shars wood and Williams, JJ. Read, J., absent. Error to the Court of Common Pleas of Dauphin county: No 9, to May Term 1869. This was an action of trover by Gilliard Dock, assignee for the benefit of creditors of The Franklin Coal Company, against The Lykens Valley Coal Company. The writ was issued to November Term 1866. On the 1st of February 1865 The Lykens Valley Coal Company leased to The Franklin Coal Company the coal-lands, houses, improvements, together with the breaker and machinery belonging to the lessors, the lease to continue for 50…
1Opinion of the Court
The opinion of the court was delivered,.
by Agnew, J.
There was no error in the court, charging that the mined coal was personal property, passing under the assignment for the benefit of creditors, and subject to be removed by the assignee; qualified as the instruction was that this could be done without essentially injuring the mines. The very purpose of the lease, expressed in terms, was to enable the Franklin Company to mine, carry away, and dispose of the coal. The separation of the coal lying in the runs from the mass of coal in place, was the result of a large expenditure of money and…
2Cited by3 opinions
- Russell v. HoweSuperior Court of Pennsylvania · 1906
- Baker v. Philadelphia & Reading Coal & Iron Co., Pennsylvania Court of Common Pleas, Schuylkill County1921
- Hilt Estate, Pennsylvania Court of Common Pleas, Bucks County1981