Smith v. Kingsley

Opinion by

Me. Justice Maxey,

This is an action of ejectment by the heirs of a tenant in common and the claim is for a one-quarter undivided interest in the coal underlying a certain area in the Borough of Blakely, Lackawanna County, containing 122 acres. The case was tried by the court below without a jury and the decision was in favor of the defendants. This appeal followed.

Edward London died intestate in 1815, the owner of a tract of land, including the land in controversy, leaving to survive him four children. Two of these children were Isaac London and Susan London Dolph. The present…