Clement & Masser v. Youngman & Walter
Supreme Court of Pennsylvania
Error, to the Common Pleas of Union county. This was an action of ejectment, brought in the court below to December Term 1854 by Ira T. Clement and Jacob B. Masser against John Youngman and Jesse M. Walter, to recover possession of a limestone quarry and tract of land in Union township, containing about three acres.
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Error, to the Common Pleas of Union county. This was an action of ejectment, brought in the court below to December Term 1854 by Ira T. Clement and Jacob B. Masser against John Youngman and Jesse M. Walter, to recover possession of a limestone quarry and tract of land in Union township, containing about three acres. The case was this: — On the 17th of November 1840, the following writing was executed by Nicholas Mensch, the owner of a farm in said township, and Ilolker Hughes: Articles of agreement made and agreed upon the 17th of November 1850, between Nicholas Mensch, of Northampton county…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
In Caldwell v. Fulton, 7 Casey 480, we held that a grant of an unlimited right, title, and privilege to dig and take away the coal in a designated tract of land, to any extent the grantee might .think proper, and for a consideration presently paid, was a grant of the coal itself, and not merely of a license or incorporeal right. That decision was made after much consideration, and after a careful review of both the English and American authorities. We see no reason to abandon the opinion we then entertained. It is impossible to conceive of…
2Cited by8 opinions
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Hosack v. CrillSuperior Court of Pennsylvania · 1901
- Harris v. Pittsburg & Lake Erie Railway Co.Superior Court of Pennsylvania · 1899
- Saltsburg Colliery Co. v. Trucks Coal Mining Co.Superior Court of Pennsylvania · 1923
- Saltsburg Colliery Co. v. Trucks Coal Mining Co.Supreme Court of Pennsylvania · 1924
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