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POPE v. McMICHAEL

165 Pa.Super. 264 (1949)

Pope v. McMichael, Appellant.

Superior Court of Pennsylvania.

July 19, 1949.

Attorney(s) appearing for the Case

John L. Miller, with him John J. Brislin and Duff, Scott & Smith, for appellant.

James F. Smith, with him L. Pat McGrath and McGrath, McGrath & McGrath, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent.)

OPINION BY HIRT, J., July 19, 1949:

Defendant was the owner in fee of 44.8 acres of land in North Fayette Township, Allegheny County. In 1917 he conveyed "the Pittsburgh or river vein of coal, lying within the ten foot outcrop line" underlying his land, to a predecessor of Montour Collieries Company. Defendant is still the owner of the surface and all other estates in the land except as his title may be affected, under present circumstances, by his conveyance of the...

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