Gotshall v. J. Langdon & Co.

Citations

• 16 Pa. Super. 158
• 1901 Pa. Super. LEXIS 34

Syllabus

<p>Trespass — Action by equitable owner of land — Possession—Mining.</p> <p>A person who is the equitable owner of land under a contract to purchase the land, and has the exclusive possession thereof, may maintain an action of trespass against a wrongdoer.</p> <p>In an action of trespass to recover damages for an alleged wrongful mining of coal under the plaintiff’s land, the plaintiff may show that at the time some of the trespasses were committed, she was in exclusive, notorious and open possession of the land, under a contract to purchase it, and that she had paid all of the purchase money and subsequently received a deed in fee simple for the land.</p> <p>Trespass — Statute of limitations — Wrongful mining of coal.</p> <p>Where the owner of land has no knowledge that coal is being taken from under his land by a trespasser, the statute of limitations does not begin to run against him until the time of actual discovery of the trespass, or the time when discovery was reasonably possible.</p> <p>Practice, G. P. — Amendment—Parties plaintiff.</p> <p>In an action of trespass for the wrongful mining of coal where the defendant pleads the statute of limitations, and the evidence shows that some of the trespasses were committed when the plaintiff was the equitable owner of the land, and before she received her deed for it, the record may be amended by adding to the name of the plaintiff the name of her grantor as co-plaintiff, and on appeal the Superior Court will consider the record as so amended.</p>