Greek v. Wylie

Citations

• 266 Pa. 18
• 109 A. 529
• 1920 Pa. LEXIS 492

Syllabus

<p>Mines and mining — Gonveycmce of coal — Use of surface tract for mining plant — Discontinuance of use — Access to coal.</p> <p>1. Where a conveyance of twenty-nine acres of coal out of a two hundred acre farm, included the use of an adjoining three acres of surface for a mining plant “during the period of mining said coal,” which period was not to exceed ten years, with right to the grantee to remove the mining structures thereon within said period, tbe deed limits tbe mining of coal tó a period of ten years; and if tbe grantee after working tbe mine for five years and removing all the coal from twenty-three acres, removes the mining plant and structures from the three-acre tract, he cannot ten years afterwards assert the right to rebuild them in order to remove the coal from the remaining six acres.</p> <p>2. Whore the matter of access to coal is provided for by express covenants, which cover the time, place and manner of the mining, and leave nothing to implication, no implication can be allowed of any other way, however convenient.</p>