The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-29

The full text of the opinion of Jus
tice williams in the case of the Dela-
ware and Hudson company against
David Hughes and others, handed
down during this weeks session OF the
Supreme court in Pittsburg, Is given
below
In it is decided a very important
question as regards this region. Inc
Delaware and Hudson company pur-
chased the surface and coal OF ZOO-
acre plot known as the Porter tract
way back in 1925. 1t began the opera
tons Of mining q few years later ana
has continued it ever since. one OF
their employees, Alexander Mcdonald,
equatted on six acres of tract ana
holding it as required by law for over
twenty-one years, secured possession.
His six acres fell into the hands of the
defendants, David Hughes and others,
and they proceeded to lay claim to the
coal underlying it,
Judge Gunster on the trial of the
case, here decided in favor of the
claimants. holding that they had ac-
quired title to the mineral estate at
the same time and i'm the same manner
as they acquired the surface title.
Justice Williams decides differently,
saying that it was not necessary that
the company should have actually con-
Quoted mining operations on or under
the squattcr's claim in order to give
notice of their possession of it.
1T CONSTITUTED NOTICE.
The fact that they were operating
the tract and that the plot in question
was accessible from their workings
.
and all other coal which could be
reached from their workings on the
tract
The company was represented by
eX-Judgc Jessup and James II. Tor
rey. The claimants were represented
here by J. Alton Davis, Ward q Horn
and T. =. Duffy and before the Su-
preme court by Strauss & Lanahan, of
Wilkes-Barre. Appended is the Opin-
ion in full:
This case presents a question of consid-
cradle Importance to the owners of min
eral lands, which does not seem to have
been decided by the courts or to have been
discussed by text writer's so far as we
have been able to discover. 1t will be
readily understood from q brief statement
of the facts out of which it arises. The
plaintiff company Is engaged in mining
and selling anthracite coal AS early as
1925 it was the owner of a considerable
body of contiguous lands which had been
purchased by ii because of the coal un-
derly!nS IT. y tract known as the "Por-
ter Tract containing two hundred acres,
was part of this body of coal The coal
upon it was opened by the company at
some time between 1880 and 1885 and min
ing operations begun under il. From that
time to the present the company has been
in the possession of its mineral deposit
under the surface of the Porter tract
by actual mining and by the use of the
openings and gangways for purposes con-
nected with the removal Of coal from ad-
poininS lands belonging to it.
DEFENDANTS TITLE.
The defendant derives his title from one
Alexander M2Dorald who was an employe
of the p.aintilf and who entered upon the
surface of the Porter tract in 1896 or 1887
and began a residence upon it, and the
cultivation of a small portion of it, 1t
does not seem to admit of serious doubt
that from 1870 ana perhaps somewhat
earlier down for a period of more than
twenty-one years the possession Of Nc
Donald and his vCndoCs of the land in
controversy has been open, notorious,
hostile, and exclusive. As to the surfa, ,e
therefore the defendant has acquired q
title under the statute of limitations. The
question raised by this record is Whet her
stated, acquired title to tle underlying
coal? The general principles regulating
the titles to upper and lower estates in
the carth's crust are pretty well settled
by our own cases. The ownership of the
surface carries with it, if there be no
obstacle to the application of the general
rule, title downwards to the center of
the earth and upwards indefinitely SO
long as mineral deposits remain in place
they are part of the freehold and pass
with 1t by deed, gift or other form of con-
Neyance; but when the minerals arc re-
moved from their position or bed by min
ing they become personal property and
are sold like other personal chattels II
the owner grants to another the riEht or
privilege Of taking coal from his lands
this grant, if not an exclusive one is not
the grant of an interest in land but of an
easement or il corpOreal right which
leaves the title TO the coal in place re-
naming in the grantor But grant of
all the coal, or Of the exclusive right to
mine the coal, is a sale Of the coal in
place. The conveyance of the coal create cs
in the Vendee an interest in land. The
deed or other conveyance is subject to all
the rules and regulations governing con-
Veyances of the surface.
MAY CONVEY AN ESTATE.
1t may convey an estate in fee simple in
the coal OF other mineral, or any lesser es-
lalc, IN the same manner and by the same
words OF grant made use of in the con-
Veyances of the surface. When such Il CON
Veyancc has been made Of the coal or
other mineral il works a severance of the
estate so conveyed from the surface and
If the deed be recorded it is constructive
notice To all the world of the fact of sew
crance. IhcnceforWard the owner Of the
soil may cultivate, enclose aud reside upon
his estate Tor any length of time but his
possession Will not extend below il. IT
viii not grasp or affect in the slightest
degree the estate below him which has
been severed by the deed. In like man.
ner the owner of the mineral estate may
enter upon and operate it while the owner
OF the surface is leaving his estate unoc-
cupied and wild, but the possession of the
lower estate will not reach upward and
attach to the surface. Each estate.nny
be occupied, conveyed, Cncumbered sold
by the sheriff, or allotted in partition.
without any effect upon the other If a
trespasser enter either estate ana main
tains possession ne can acquire title by
the statute OF limitations after twenty
one years, to so much as he has actually
held for that length of time: hut his titIa
viii not extend above or below the estate
on which he enters. If he would acnuira
any part Of the mineral he must make
his entry upon, and maintain his posi-
tion within the limits of the mineral es-
tate for the requisite period of time in an