Hopkins v. Stoneroad

Citations

• 21 Pa. Super. 168
• 1902 Pa. Super. LEXIS 331

Syllabus

<p>Equity — Equity pleading — Evidence—Responsive answer.</p> <p>The answer of defendant, when responsive to the bill, is conclusive, unless contradicted by two witnesses or by oiie witness and such corroborating facts and circumstances as are equal to the testimony of another witness.</p> <p>Licenses — Revocable and irrevocable — Easements.</p> <p>Licenses are of two kinds, simple or revocable, and, coupled with a grant, irrevocable. Simple licenses are revocable at the will of the grantor. A license is irrevocable when it is coupled with a grant or when the licensee has, on the faith of the license, spent money in executing works of a permanent character on the land. •</p> <p>License — Irrevocable licenses — Mines and mining — Drainage—Equity.</p> <p>A bill in equity to restrain the use of a drainage drift, will be dismissed where the evidence shows that plaintiffs and defendants were adjoining owners, that the plaintiffs had granted permission to defendant’s predecessor in title to construct the drainage drift under plaintiff’s land, that this had been done at the expense of several thousand dollars, and in such a way as to drain forty acres of coal belonging to the plaintiffs, that the coal of the defendants had not been exhausted at the time the bill was filed, and that the closing of the drain would cause not only great loss to the defendants, but also to persons who had purchased coal from the plaintiffs.</p>