Opinion
April 30, 1959.
May 28, 1959.
Ejectment — Leases — Coal leases — Deeds — Reservations and exceptions — Construction.
In this action of ejectment in which it appeared that A, the owner of certain land, in May 1940 executed a coal lease to the plaintiff in which the mining rights included ". . . the right to strip the surface . . ."; that in August 1940 A conveyed the said land by deed to defendants' predecessor in title "Excepting and reserving therefrom all the coal" "together with such rights and privileges, including stripping of the surface, as was granted to" the plaintiff in the earlier lease; that thereafter in January 1945) before the expiration of the first five year term of the lease A executed a deed to plaintiff and conveyed "All of the coal in that certain vein or seam known as the Top Seam and also the 'Split B' seam" in said land together with exclusive mining rights ". . . either by surface strip or underground mining methods and together with right of ingress, egress and regress, into, upon and over above described lands for purpose of mining methods, together with privileges and rights as set out" in the 1940 lease to plaintiff; and it further appeared that defendants were in possession of the surface of the land and refused admittance to the plaintiff for the purpose of mining, it was Held that (1) plaintiff had the right to go upon the land and to strip and remove all of the seam of coal located thereon and (2) the court below had properly entered judgment for the plaintiff on the pleadings.
Before MUSMANNO, JONES, COHEN and BOK, JJ.
Appeals, Nos. 150 and 151, Jan. T., 1959, from judgment of Court of Common Pleas of Clearfield County, Nov. T., 1957, No. 31, in cases of Ray S. Walker v. Maxwell Forcey, Jr.; and Same v. Dwight L. Forcey. Judgment affirmed.
Ejectment.
Order entered granting plaintiff's motion for judgment on the pleadings, and judgment entered, opinion by PENTZ, P. J. Defendants appealed.
F. Cortez Bell, with him Bell, Silberblatt Swoope, for appellants.
James K. Nevling, with him Robert V. Maine, and Nevling Davis, for appellee.
The judgment in this case is affirmed on the opinion of President Judge PENTZ filed December 30, 1958.