Trustees of the Proprietors v. Kingston Coal Co.

Citations

• 265 Pa. 232
• 108 A. 718
• 1919 Pa. LEXIS 531

Syllabus

<p>Land law — Connecticut titles — Warrant and survey — Leeds— Lease — Mortgage—Lapse of time — Landlord and tenant — Denial of landlord’s title — Trusts and trustees — Constructive trust — Waste— Acts of April 1/, 1799, 8 8m. L. 862; April 8, 1826, P. L. 270; March 80, 1822, P. L. 97; April 22, 1856, P. L. 582.</p> <p>In an action of trespass for removing coal it appeared that the plaintiff, the trustees of the proprietors of Kingston, was incorporated by the Act of March 30, 1822, P. L. 97, to hold the property and rights of the committee of the proprietors of Kingston Township. The act confirmed all leases made by the committee. In 1799 a Connecticut claimant conveyed a lot known as Lot No. 5, containing a part of the coal in question to the committee, in consideration of conveyance to him of a lot which the committee held for public use. In 1800 the committee executed to one Hoyt, his heirs and assigns, a lease of Lot No. 5, for 999 years. No mention of minerals was made in the lease, and the same day Hoyt executed to the committee a mortgage on Lot No. 5, and an adjoining lot, containing a general warranty of title purporting a fee absolute in the mortgagor. The lease and mortgage were both recorded. Prior to the execution of these papers Hoyt had entered an application for Lot No. 5. A survey was made to him, and the commissioners under the Act of April 4, 1799, 3 Sm. L. 362, certified that he was the owner, and subsequently, in 1804, the Commonwealth issued a patent to him, his heirs and assigns, to have and hold the same free and clear of all restrictions and reservations as to mines, royalties, etc. In the proceedings to procure the patent Hoyt mentioned the lease. The defendant claimed the coal in controversy by mean conveyances from Hoyt. The grantor in each of the conveyances treated the estate involved as though it were a fee in the original patentee. Plaintiff never asserted any claim to the coal until 1913, when suit was brought. Held,</p> <p>(1) That