Moreland v. H. C. Frick Co.

Citations

• 170 Pa. 33
• 32 A. 634
• 1895 Pa. LEXIS 1359

Syllabus

<p>Adverse possession — Qoal lands — Mines and mining — Separation of mineral from surface.</p> <p>The title to the surface of land, either by deed or by adverse possession, carries with it the right to the coal beneath, but this may be rebutted by evidence of a severance of the coal, and such evidence is not contradictory of that which shows title by deed or by adverse possession of the surface.</p> <p>When a severance takes place, and the holder of a stratum of coal or other mineral records his title, or enters into possession of his sub-surface estate, he is not affected by an adjudication of the title to, or possession of the surface.</p> <p>A and B, brothers, inherited land from their father, of which they made parol partition. A died, leaving B as his heir at law. B’s son John claimed title to A’s land by parol gift and adverse possession. B conveyed the coal to C, whose title defendants by sundry conveyances obtained. The testimony showed that John was present when the conveyance was made by B to 0, and that he did not object; but, on the contrary, he shared in the proceeds and saw the coal mined until his death, a period of seventeen years, without protesting against it. In a suit by his heirs against defendant for damages for mining and carrying away the coal, it was held, (1) that the evidence of John’s adverse possession of the surface in no way contradicted the evidence of his acquiescence in the sale of the coal; (2) that it was not evidence of his adverse and hostile possession of the coal; (3) that his acquiescence in the sale of the coal estopped him and his heirs from denying the sale.</p>