Lehigh Valley Coal Co. v. Midvalley Coal Co.

Citations

• 245 Pa. 402
• 91 A. 427
• 1914 Pa. LEXIS 887

Syllabus

<p>Equity — Equity jurisdiction — Boundary dispute — Ejectment — Certification to law side.</p> <p>1. Where the question at issue between the parties is one of disputed title and depends upon the true boundary lines between their adjacent properties, the proper remedy is ejectment, and where such issue is raised by bill in equity and answer thereto it is proper for the court to certify the ease to the law side.</p> <p>2. On the hearing of a bill in equity the court did not err in certifying the case to the law side where the bill averred that the plaintiff company leased to the defendant company certain coal lands, and that after a dispute as to the proper- lines between the leased lands and other lands of the plaintiff a division line was agreed upon and was recognized for many years by the defendant company, but that recently the defendant threatened to disregard the line and enter upon and mine coal beyond the line and on the plaintiff’s premises, and prayed that the defendant be restrained from entering or trespassing upon plaintiff’s lands; where the answer denied the jurisdiction of the court, averring possession of the premises in the defendant and setting up other matters of defense which raised questions of fact for a jury.</p>