Delaware & Hudson Canal Co. v. Genet

Citations

• 169 Pa. 343
• 32 A. 559
• 1895 Pa. LEXIS 1100

Syllabus

<p>Act of June, 10, 1893 — Construction—Petition, and answer — Issue—Coal lease.</p> <p>Under the second section of the act of June 10, 1893, P. L. 415, entitled “ An act to provide for the quieting of titles to land,” the facts required to be set forth in the petition, and found by the court to be true, are the petitioner’s possession and the adversary’s denial of his title. AVhen these appear the issue is to be awarded, and if it turns out at the trial that the dispute is not over the facts, but over the law arising from them, this will. not affect the remedy, but, the right to the issue having been shown by the possession and the denial of title, the issue will go on to trial, and the judge will direct a verdict on the law as in other cases.</p> <p>Where the claim, however, is not to the land or its possession, but only to a part of the product, as e. g. coal, after it has been severed and becomes personalty, or to the duty to account and pay royalties for coal after it shall have been mined, the act does not apply, and the issue in such case will be refused.</p>