Friedline v. Hoffman

Citations

• 271 Pa. 530
• 115 A. 845
• 1922 Pa. LEXIS 751

Syllabus

<p>Mines and mining — Mining rights in surface — Deeds—Way of necessity — Implied way of access.</p> <p>1. Where an owner of coal and surface sells part of the coal with naming rights restricted to the portion of the surface over the coal conveyed, and thereafter sells the surface to another, and subsequently the remainder of the coal to the owners of the coal sold under the first deed, the latter cannot claim mining privileges in the surface above the coal first conveyed, so as to mine out the coal included in the second purchase.</p> <p>2. Where an owner of coal and surface, in conveying the surface, reserves the coal with no stipulation as to the use of the surface for mining, he will be entitled to such use of the surface as may be necessary to mine the coal; but if he owns adjoining property through or over which it is practically possible to mine and remove the coal reserved, he has no right to use the conveyed surface as a way of necessity.</p> <p>3. A way of access to property granted or reserved will be implied only when necessary to give effect to the grant or reservation; but never merely as a matter of convenience.</p> <p>Equity — Practice, equity — Remedy at law — Jurisdiction—Certification to law side of court — Act of June 7, 1907, P. L. kW.</p> <p>4. A court of equity will treat a case as entirely within equity jurisdiction, where it appears that at no time during the trial did defendant ask the court to certify the case to the law side of the court to be tried as an action of law under the Act of June 7, 1907, P. L. 440.</p> <p>Findings of fact — Appeal.</p> <p>5. Findings of fact by a chancellor based upon competent and sufficient evidence, approved by the court below, cannot be disturbed on appeal.</p>