Leap v. Leahey

Citations

• 67 Pa. Super. 337
• 1917 Pa. Super. LEXIS 399

Syllabus

<p>Equity — Jurisdiction—Mines and mining — Goal lease — Injunction.</p> <p>Where a bill in equity is filed by a lessee of coal to restrain, the defendants who claimed title under the plaintiff's lessor, from mining coal and cutting off the air supply and for an accounting, and the defendants admit the validity of the lease and of the right to the air supply, but deny that the description in the lease covered the coal which they were operating, the court has the right to construe the lease, and determine its effect without requiring the plaintiff to resort tó a remedy at law.</p> <p>In such a ease where it appears that the plaintiff was in possession under the lease, operated the mine and paid royalties on coal mined from the disputed land to one of the defendants, the defendants cannot claim that the description in the lease was insufficient to satisfy the statute of frauds. The statute does not apply to executed contracts.</p> <p>Where a coal lease grants the right to mine “all” the coal upon a royalty basis, for a consideration, it constitutes a sale of the coal in place.</p>