The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-06-14

The mOCn-trleu coal case Ol lIe WIN
Ton Coal company against the Pancoast
Coal company was again put on trlal
yesterday in common pleas court be-
fore Judge George S. Purdy of Homes
dale, specially presiding. 1t is a suit
for royalties amounting to $4,000, but
on its outcome fully double this figure
depends.
It was Instituted February 2S, 1893.
and referred to arbitrators who, in
November of the same year. found for
the plaintiff This was appealed from
and in December 1894, it was tried be-
fore Judge Harold Mcclure, of Lewis
burg. He directed verdict for the de-
fendant on the ground that an action
of account rendered instead Of assump-
sit, should have been brought
The Supreme court reversed this hnd-
jng and sent the case back for re-trial.
IT came before Judge Edwards in Janu-
airy, 1896. and again the defendants
were victorious A new trial was asked
for on the ground of error on the part
of the trial Judge and 1t was allowed.
The case again went on the trial list
and now, after dragging along for
three additional years comes up for it's
fourth trial.
The history of the case dates back TO
revolutionary days. A man whose iden-
tity was not preserved built a log house
in what is now known as Throop bor-
ough and staked out a farm. He re-
mained only short time, when he quit
his cabin and farm and, as far as the
present sketch is concerned, dlsap-
peared.
THE SECOND OWNER.
In 1912 William Knapp squatted on
the tract and built for himself cabin
at Andcrson's corners, the traces of
which are still visible. In 1928 he left
the place, never to return, and two
years later the place was purchased at
sheriffs sale by Benjamin \. Bidlack,
a Wilkes Barre attorney.
Three years later Bidlack sold the
surface. which is co-eXtensive with the
present village of Throop, to Henry
Heermans. conveying with it a half in
terest in the coal.
Hcerman's sold his interest to James
Anderson. receiving one half of the
coal Anderson sold his title to his
son, Allen Anderson, and son-in law,
James Savigc. The Savise share de-
ccended to the Pancoast Coal company.
Allen Anderson sold his share to w.
W. Winton and a. II. Winton and they
disposed of their right and title Ill
the coal to the WintOn Coal company.
The Pancoast Coal company gath
cred up all the scattered interests in
the plot excepting that held by the
Winton Coal company and began min
ing the coal. One-eiEhth Of the totaI
royalties was offered to the Wintor
Coal company, but it demanded quar-
ter, alleging that it had been given
a fourth interest by the ". w
Wnton transfer.
DEFENDANTS CLAIM.
The defendant claims that on ac.
count of the Bidlock reservation Of one.
half, and the Heerman's reservation o.
one-half of the half conveyed to hin
by Bidlack, Anderson could only con
Vcy a quarter, and this being so, hi:
son could convey but an eighth anC
the Wintons consequently could conve!
no more to the Winton Coal company
The plaintiffs allege that the Bidlacl
reservation was overcome by a pur
chase by Anderson from the Fishe
heirs, who held a grant from the com
monWealth.
The royalties on the eighth interes
up to January, 1893, amounted TO nearl.
$4,000. The property originally sold 70
three shillinCs an acre.
Attorneys S. B. Price, l. II. Burn
and John b. Ceilings represent tn
Winton company. The Pancoast com
pany is represented by eX-Judge Jes
sup and eX-Judge Knapp.
Judge Gunster is engaged in tryin
the suit of Patrick Brown against I
c, Robinson. II iS based on n S30
claim for extra work on a sub-contrac
for the eXcavating for the Klotz sill
mill in Carbondale. EX-Judge vii
lard and Hon. G. p. OMalley repre-
sent the plaintiff. Hon. John p. Kell
and Il. d. Stuart represent the defen
dant.