Lazarus v. Lehigh & Wilkes-Barre Coal Co.
Lazarus v. Lehigh & Wilkes-Barre Coal Co.
Opinion of the Court
Opinion by
Counsel for appellant here contends that the court below erred in entering judgment against it for want of a sufficient affidavit of defense. The action was assumpsit, to recover the value of coal mined from a small tract of land, containing some two acres, 143 perches, forming part of a much larger tract of coal, operated under a lease from plaintiff’s predecessors in title, to the assignors of the defendant company. The statement of claim filed by plaintiffs sets forth the lease in question, the rights of the plaintiffs thereunder, the rights and liabilities of the defendant company, the proviso for the payment of royalty, the possession by the defendant of the devised tract under the lease, its mining of coal therefrom, and its refusal to account to plaintiffs, and pay for the coal
The assignments of error are overruled, and the judgment is affirmed.
Reference
- Full Case Name
- Lazarus v. Lehigh & Wilkes-Barre Coal Company
- Cited By
- 2 cases
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- Published
- Syllabus
- Mines and mining — Coal lease — Landlord and tenant — Affidavit of defense. In an action of assumpsit against a coal company to recover the value of coal mined from a small tract of land, forming part of a much larger tract of coal lands, operated under a lease from plaintiff’s predecessors in title to the assignors of defendant company, an affidavit of defense is insufficient which denies that title to the small tract ever existed in plaintiffs, or their predecessors, or that any right to the tract passed under the lease, and claims title in defendants by purchase after the date of the lease, but which does not show any chain of title in the defendants from the commonwealth, does not contain an averment as to how title became vested in its grantors, and which admits the existence of the lease and defendants’ possession thereunder.