Pettibone v. Smith
Supreme Court of Pennsylvania
Appeal, No. 420, Jan. T., 1892, from judgment of C. P. Luzerne Co., March T., 1892, No. 279, for plaintiff on case-stated for municipal assessments under covenant to pay taxes, etc.
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Appeal, No. 420, Jan. T., 1892, from judgment of C. P. Luzerne Co., March T., 1892, No. 279, for plaintiff on case-stated for municipal assessments under covenant to pay taxes, etc. The case-stated agreed upon the following facts: “ Plaintiffs, residents of Wyoming, in Luzerne county, being the owners in fee simple of a tract of land in Scranton, Lackawanna county, containing 227£ acres conveyed by indenture of coal lease to William T. Smith, defendant, who was a resident of Scranton, the coal under said land and a part of the surface, which said coal lease was dated Oct. 15, 1887, and duly…
1Opinion of the Court
Opinion by
Mr. Justice Gkeen,
The obligation of the defendant to the plaintiff is expressed *126in these words: “ That the said lessee shall pay all and every the United States, state and local taxes, duties and imposts, on the coal mined, the mining improvements of every kind and the surface and coal land itself.”
The charge sought to be recovered in this action is a municipal assessment to defray the cost of building a sewer and another to provide for the cost of grading a street. The question at issue is whether the defendant, who is a lessee under a coal mining lease, with the right to take all…
2Cases cited10 opinions
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