Rice v. Clear Spring Coal Co.

Citations

• 186 Pa. 49
• 40 A. 149
• 1898 Pa. LEXIS 958

Syllabus

<p>Deed — Boundaries—Conveyance of land abutting on highway.</p> <p>Owners of land granted, bargained, released and conveyed to the trustees of a pi'oposed railroad “so much land in width across our several and respective properties and estates as may be necessary and proper for the location and construction of said railroad of single or double track, not, however, to exceed the legal width. The release to operate only for tlie uses of such railroad, and to be void and of no effect should such railroad not be constructed.” The railroad was subsequently constructed.</p> <p>By a sheriff’s sale and mesne conveyances, the land of one of the grantors, including the strip conveyed to the railroad company in the description thereof, became vested in the defendant, a coal company. The plaintiff, claiming by conveyances from the heirs of the said grantor, brought an action of trespass against the defendant for mining coal under the strip occupied by the railroad. Held, that if the grant to the railroad was merely of a right of way the fee in the land remained in the grantor and passed under the sheriif’s sale to the defendant, but if the conveyance from the grantor, followed by the location of the railroad, operated as a grant of the land to the railroad company in fee upon condition, the conveyance amounted to a fee in both surface and coal, and the heirs of the grantor were not the owners of the coal.</p>