Schuylkill Legal Record PDF Download

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Cosgrove vs. Darkwater Coal Co. Act of June 7, 1907, P. L. 440 - Jurisdiction in equity as to legal title. When a case in equity presents a controversy over a title at law a court in equity should not assume jurisdiction until such title has been established at law, unless there be a strong and mischievous case or pressing necessity which entitles the party to call to his aid such jurisdiction. The case should be certified into the law side under the act of June 7, 1907, P. L. 440 to determine the legal question. Bill in equity. No. 1. September Term, 1918. William Wilhelm and T. A. McCarthy, for plaintiff. J. F. Mahoney and L. L. Frank, for defendant. BECHTEL, P. J. November 8, 1920. In this case the bill of complaint was filed July 27th., 1920. September 28th., 1920, a motion was filed in which the court was asked to certify the bill in equity into the Common Picas for hearing, in accordance with the Act of Assembly, approved June 7th., 1907, P. L., 440. On the 19th. of August, 1920, the answer to the bill was filed. The bill of complaint alleges title to the property in dispute to be in the plaintiff, by reason of the fact that she has, for upwards of forty years, been in continuous, open, notorious and adverse possession of the same. The bill further alleges that the piece of ground aforesaid is chiefly valuable because of the rich deposits of anthracite coal contained in it, the title to which is in your orator. How the complainant derived title to the coal is not stated in any other way further than that above referred to by virtue of adverse possession and we must presume that the possession was of the coal as well as the surface. We do not think it necessary to indulge in any extended argument in support of the conclusion which we have reached in this...