271 Pa. 148 | Pa. | 1921
Opinion by
Plaintiff received title to one hundred and thirteen acres of land in Hamilton Township, Tioga County, by deed containing the following provision: “Excepting and reserving from this conveyance all the merchantable timber and bark upon and all the coal and other minerals upon or in said tract or parcel of land together with the right of the party of the first part or its successors to enter upon said lands at any time within twenty years from the date hereof for the purpose of removing timber and bark and said coal and other minerals.” Defendant is the owner of the excepted property included in the reservation. No entry on the land was made by defendant for the purpose of mining coal until four months immediately preceding the expiration of the twenty-year term. At the end of the term plaintiff claimed the right to prevent further entry and commenced this action of ejectment to determine the question of title to the minerals. The court below entered a nonsuit and from the refusal to take it off plaintiff appealed.
Plaintiff’s contention is that, although defendant possessed the right to enter on the surface of the land at any time during the twenty-year term, for the purpose of removing the timber, bark and minerals, after the expiration of that period the right terminated, and title to the coal, as well as the timber and bark, became vested in him. On the other hand, defendant, though conceding the right to enter by or over the surface for the purposes stated was lost, contends title to the minerals remained in it subject to be removed in any other manner than by passage over the surface, for example, by entry under the surface from adjoining property. A clear distinction exists between the effect of the clause in question
The judgment is affirmed.