President, Managers & Co. of the Delaware & Hudson Canal Co. v. Hughes
Citations
- 183 Pa. 66
- 38 A. 568
- 1897 Pa. LEXIS 715
Syllabus
<p>Mines and mining — Severance of coal from surface — Adverse possession —Statute of limitations.</p> <p>If there is no severance of coal from the surface, an entry upon the surface will extend downward and draw to it a title to the underlying minerals, so that he who disseizes another and acquires title by the statute of limitations, will succeed to the estate of him upon whose possession he has entered; but if a severance is made before his entry, and he has notice of that severance, either by the record, or by the state of the possession acquired both by observation and by years of service in the employment oi the owner, his entry upon either of the estates will not affect the other.</p>
Judges: Dean, Fell, McCollum, Mitchell, Williams
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