Pennsylvania State Reports Volume . 236

Pennsylvania State Reports Volume . 236

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...the writ of estrepement are simply declaratory of the common law authority of the courts, and that they were passed because the courts did not exercise their authority by injunction to prevent waste as freely as they should have done: Byrne v. Boyle, 37 Pa. 260, 262. Griffin v. Fellows, 81' Pa. 114, was an action of ejectment brought by one claiming under the trustees of Providence, another of the seventeen certified townships of Luzerne county. The defendant claimed under the original lessee whose lease, dated in 1796, was very similar to the one under which the defendant here claims, but in the habendum clause contained the additional words: "with every privilege 1912. Opinion of the Court. of mines and minerals of whatever description." The trial court there held that the defendant was not impeachable for waste in opening and working coal and stone mines on the distinct ground that the estate of the lessee was enlarged by the words above quoted, used in the habendum which, in a deed, determines what estate is granted. In discussing the question involved in the case, the learned trial court in an elaborate opinion, adopted by this court, said inter alia (p. 122): "It is an important fact in the case that there were no open mines or quarries on the premises at the date of the lease; that mining of coal was first commenced by the tenant in 1810, and quarrying stone in 1855 or 1856. These acts were to the prejudice of the reversioner, and were undoubtedly waste, operating as a forfeiture of the term and entitling the lessor to recover the premises by ejectment, unless they were authorized by the lease, or the forfeiture was by some act of his......In a lease designed merely for agricultural purposes there is no oecasion to say...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236556240
  • 9781236556240