The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-11-08
vOL3O
LONG LITIGATION ENDED.
A Lawsuit Begun In 1891 Over a Sullivan
County Coal Mine, Terminated on October
9Th 1895, by a Decision Of the Supreme
Court.

fourteen years ago, mas recently been
brought to close. AS it involved
some nice points of law as we'll as
some interesting facts, brief history
of the case is given below
Ex state senator Geo. ID. Jackson
OF Dushore, died some years ago,
claiming to be the legal owner of 1903
acres of coal land in Cherry township,
Sullivan County. He was member
of the firm of J. Jackson & Sons, he
being one of the sons, and B. Rush
Jackson the other. Josiah Jackson,
the father died, and James Thomson
was his executor. James Thomson
and Rush Jackson claimed that Geo.
ID. Jackson held this land in trust, one
third for himself, one third for Josiah
Jackson's estate, and one third for
Rush Jackson, A bill in equity was
filed in 1881 to compel tine executors
Of Geo. ID. Jackson to convey the
two thirds as above stated. This was
contested, and it was not determined
until 1887 that Geo. d. Jackson was
only trustee, and the Supreme Court
compelled his executors to make the
deeds as prayed for. In September
1880, before this bill was filed, Rush
Jackson and wife sold his third inter-
est in the land to Mrs. Emily l..
Patrick, a sister of Rush Jackson.
About that time the firm of Jackson
Bros, consisting of Geo. D. and Rush,
became involved, and in November
1881, Mrs. Bernice w. Jackson,
widow CT Geo. ID, caused the third
interest of Rush, which he had sold
to his sister year before, to he levied
on and sold by the sheriff of Sullivan
county, she buying it in for $50. The
executors of Geo. ID. Jackson leased
their third interest, to M. c. Mercur
one eighteenth, and to the State Line
& Sullivan R. r. Co. FIVE eighteenths,
the consideration to be ten cents on
every ton of clean coal mined. But
as there were several other co tenants
who would not agree to sell the coal
at so low price, the railroad Com
pary desired to get the price fixed by
the court before they began operations,
and so in December 1881, the bill in
equity was filed which started the
litigation of which we now write. The
company mined few tons, and then
by this bill asked the court to fix the
price of royalty on the coal. Judge
Ingham, after hearing affidavits ranging
from ten to fifty cents ton, fixed the
price at ten cents, and the company
began to take out the coal in large
quantities. In 1886 motion was
made before Judge Sittser, who had
succeeded Ingham, to rescind the order
fixing the price at ten cents, and this
was done, whereupon the company
ceased mining, tore up the rails in the
mine. and abandoned the workings
From that time 10 this, nine years,
the Jackson portion of the Bernice
mines have been idle, awaiting the
result of this lawsuit. Over 100000
tons of coal had been mined, and the
money paid into the hands of James
Macfarlane, receiver appointed by the
court, amounting to over $4,000, the
railroad company retaining their five
eighteenth of the royalty. Mr.. Mac
farlane died, and N. N. Belts OF
Towanda was appointed his successor,
and the fund grew to over $4,000.
From 1886 to 1850 no steps were
taken to distribute this fund. 1t was
locked up in the receivers hands, and
some of the attorneys concerned IN
the case wanted 1t 10 remain there
for various reasons, while Others did
not seem to know what legal steps
to take in order to solve the problem.
In April 1850 the papers were sub
mitted to Judge Elwell, and alter a
careful examination, he outlined the
course to be pursued by his son Geo.
Z. Elwell, and this was followed,
resulting in complete victory for his
side. Answers were filed to the bill,
a master and examiner appointed,
and after numerous rules and motions
the taking of testimony was com
menced before H. N. Williams Esq.,
of Towanda, master. Before the
conclusion of the case, he died, and
c. o. Dersheimer Esq, OF Tunk
hammock was appointed in his place;
The taking of testimony extended
through three years. The chief question
was to ascertain to whom the money
in the receivers hands belonged, and
this involved the question OF title te
one third between Emily l.. Patrick
who bought the third interest OF Rush
Jackson in 1850, and Bernice w
Jackson who bought the same interest
at sherif's sale year later.
Mrs. Patrick and Mr.. Thomson
contended that the court had nc
power to fix the price of coal at the
outset, and claimed that the company
should pay more for it. A large