Miles Land Co. v. Pennsylvania Coal Co.

Citations

• 231 Pa. 155
• 80 A. 56
• 1911 Pa. LEXIS 807

Syllabus

<p>Equity — Jurisdiction—Ejectment bill — Remedy at law — Act of June 7, 1907, P. L. 440.</p> <p>1. A bill in equity praying for an injunction to restrain the mining of coal, for an inspection of the mines, for discovery, and an accounting of coal mined and removed, and averring ownership of the plaintiff in the land, is properly certified under the Act of June 7, 1907, P. L. 440, to the law side of the court when the answer claims ownership in fee simple in the defendant.</p> <p>2. In such a bill the primary question is one of title, and the right to discovery and account is dependent on the plaintiff’s title to the land.</p>