Jennings Bros. & Co. v. Beale

Citations

• 158 Pa. 283
• 27 A. 948
• 1893 Pa. LEXIS 1580

Syllabus

<p>Equity — Jurisdiction—Trespass on lands in another county.</p> <p>Where a court of equity has jurisdiction of a person, it may issue an injunction to prevent trespass upon lands in another county.</p> <p>Equity jurisdiction — Question of title.</p> <p>Where, on a bill for an injunction to restrain a trespass upon real estate, the deed under which plaintiff claims is recited in the chain of title and is admitted by the pleadings, and the only question is. whether or not it confers a right to mine claimed by plaintiff, no such question of title arises as may deprive a court of equity of jurisdiction over the case.</p> <p>Injunction — Continuous trespass.</p> <p>Where a bill in equity alleges the exclusive right in plaintiffs to mine coal in certain lands, and avers that defendant is taking it out and shipping it by the carload in such quantities that he will soon exhaust the mines, the court may restrain by injunction the continuous trespass alleged</p> <p>Heed — Exclusive grant — Eight to mine coal.</p> <p>A deed of bargain and sale, with words of inheritance, granted “ all those five certain lots or pieces of ground,” etc., and “ all the right, title, interest and claim of the parties of the first part of, in, to and out of all the gas from a certain well, on all that certaiu lot,” etc., and “ also the perpetual right to mine, dig and carry away coal, in and from all the veins of coal in and under all the following described tracts of land.” A royalty was reserved to the grantor on all coal mined. Held, that the omission of the word “ all ” before coal, and the reservation of a royalty, showed that it was not the intention of the parties to convey the coal absolutely, or to exclude the grantor from mining.</p>