Trustees of the Proprietors of Kingston v. Lehigh Valley Coal Co.

Citations

• 236 Pa. 350
• 84 A. 820
• 1912 Pa. LEXIS 757

Syllabus

<p>Equity — Equity practice — Exceptions — Appeals.</p> <p>1. Where a bill in equity involves the construction of a lease and the findings of fact and conclusions of law of the trial judge relating to the construction of the lease are not controverted by exceptions, the correctness of the construction of the lease by the lower court cannot be passed upon by the appellate court.</p> <p>Lease — Agricultural lease — Waste — Mining of coal.</p> <p>2. It seems that a lease made in 1821, the operative words being “demise, set and to farm let,” is a lease of the surface only, and if the lessee mines coal on the premises he commits waste.</p> <p>3. Where a lessee who is in possession of premises under a lease for agricultural purposes only mines coal and thereby makes passageways, he cannot use such passageways for the pujóse of mining coal from other lands. To permit him to do so would be inequitable in that it would be allowing him to profit by his own wrong.</p>