Finnegan v. Pennsylvania Trust Co.

Citations

• 5 Pa. Super. 124
• 1897 Pa. Super. LEXIS 201

Syllabus

<p>Mines and mining — Title by adverse possession not affected by change in paper title to minerals.</p> <p>As between the parties and their privies, a conveyance of underlying coal, the grantor retaining the surface, effects severance in title; and the recording of the conveyance takes the place of livery of seisin, and the subsequent possession of the holder of each estate follows his right; but as between the grantee and a third party who is in the actual, open, adverse, exclusive and peaceable possession of the land at the time, the recording of the instrument is not equivalent to entry, and, there being no other interruption of his possession, when the full period of twenty-one years from its inception has elapsed, title to the land becomes perfect.</p> <p>Goal lease — When construed as a sale of coal.</p> <p>Where the fair interpretation of a written agreement relating to coal or minerals shows that a sale of such coal was intended by the parties, and a right to mine and remove all the coal is conferred by it in express terms or by plain and necessary implication, it will constitute a sale notwithstanding a term is created within which the coal is to be taken out.</p>