New Charter Coal Co. v. McKee

Opinion by

Mr. Justice Benjamin R. Jones,

By virtue of a deed dated June 2, 1903, the appellant, New Charter Coal Company’s (New Charter) predecessor in title acquired all the coal to be found under the lands now owned by the appellees (McKees) with a reservation of one vein of coal more precisely described herein.

New Charter sought by means of an action in equity a determination that it is entitled to remove its coal by the open pit or strip method of mining and to restrain the McKees from preventing the removal of its coal by such method. The Court of Common Pleas of Clarion County refused…