McClure v. Monongahela Southern Land Co.

Citations

• 263 Pa. 368
• 107 A. 386
• 1919 Pa. LEXIS 435

Syllabus

<p>Equity — Jurisdiction—Removal of surface support — Injunction —Permanent injury.</p> <p>1. Equity has jurisdiction to restrain a continuing trespass upon land which contemplates the removal of the surface support and threatens the immediate and serious settling and the rendering of the property useless for building and farm purposes.</p> <p>Easement — Extinguishment—United title to dominant and servient estate in same person.</p> <p>2. An easement may be extinguished by a unity in the absolute title to, and possession of, the dominant and servient estates in the same person.</p> <p>3. One who acquires title to land subject to a purchase-money mortgage and to certain mining rights and who subsequently secures quitclaim deeds for such mining rights for the protection of the surface, through litigation based upon the assertion that such rights had been abandoned, cannot after the foreclosure of the mortgage assert a revived of the mining easement, and begin mining operations thereunder, inasmuch as he would be committing the very wrong which he sought by his own action to prevent.</p>