Strunk v. Morris Run Coal Mining Co.

Citations

• 271 Pa. 148
• 114 A. 519
• 1921 Pa. LEXIS 472

Syllabus

<p>'Deed — Reservation of timber and. baric — Reservation of coal and minerals — Right to enter and remove — Expiration of time.</p> <p>1. Where the grantor of land reserves the merchantable timber and bark, and coal and other minerals upon or in the land, with the right to enter upon the land within a specified period and remove the timber, bark, coal and other minerals, and he does not enter and remove the timber and bark within the term, they pass to the owner of the soil.</p> <p>2. So far as the minerals are concerned a different rule applies, as they are an absolute excepted estate and do not pass by the grant.</p> <p>3. The grantor remained owner of the coal and minerals after the specific period terminated, and could remove them thereafter by any means or system which did not require passage over the surface.</p> <p>Greek v. Wylie, 266 Pa. 18, distinguished.</p>