216 Pa. 243 | Pa. | 1907
Opinion by
The learned judge below was quite right in holding that this case is ruled by Denniston v. Haddock, 200 Pa. 426, and Coolbaugh v. Coal Co., 213 Pa. 28. Much of the argument of appellant is wide of the mark. There is no question at all that coal or other minerals may be severed from the surface of the land, and may run in its own different line of title without reference to the other. Nor is it disputed that a contract regarding coal in place may be a sale absolute, a conditional sale or a lease. There is nothing revolutionary in the cases referred to. In Denniston v. Haddock it was pointed out that in Hope’s Appeal, 29 W. N. C. 365, there was in fact a sale of the coal in place and the case was correctly decided on that basis. But an unfortunate expression in the opinion had been the starting point of a tendency to class together all contracts about coal in place as absolute sales without due regard to each particular contract and the obligation to interpret it by its own terms and intent. What Denniston v. Haddock and the cases which have followed it did was to check the tendency to indiscriminate lumping of all such contracts together and to recall in regard to them the true principles of construction applicable alike to all contracts.
The question in the present case is whether after the lease Chambers had such a continuing interest in the land as would be bound by a judgment subsequently obtained against him. Chambers leased to Hicks “ all the coal known as the upper Freeport seam, lying or being in, upon or under ” a certain tract of land “ with the sole and exclusive right ” of taking coal, etc., in consideration whereof Hicks agreed to pay Chambers, “ the sum of six cents per ton for each and every ton of 2,240 pounds of coal mined or dug from the premises, during the continuance of this lease, which rent or royalty shall be paid monthly.” It was further agreed that if sufficient coal was not mined to make the royalty $50.00 per month, yet the second party was to pay the $50.00 per month, and the payment over and above the royalty earned, was to be considered
Chambers therefore had a continuing interest in the land which was bound by the judgment against him, and as under the levy arid sale the sheriff conveyed to the purchaser all of Chambers’ “ estate, right, title, interest, property, claim and demand whatsoever,” the right to the royalties passed as it did in Coolbaugh v. Coal Co.
As there were no disputed facts in the case but only a ques
Decree affirmed.