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TREMONT TOWNSHIP SCHOOL DISTRICT v. WESTERN ANTHRACITE COAL COMPANY. (04/18/55)

April 18, 1955

TREMONT TOWNSHIP SCHOOL DISTRICT, APPELLANT,
v.
WESTERN ANTHRACITE COAL COMPANY.



Appeal, No. 25, Jan. T., 1955, from judgment of Court of Common Pleas of Schuylkill County, July T., 1949, No. 477, case of Tremont Township School District v. Western Anthracite Coal Company and Lamar Coal Company. Judgment affirmed.

COUNSEL

Charles L. Frank, for appellant.

Calvin J. Friedberg, with him John W. Walesky, Hicks, Williamson, Friedberg & Jones, and Watkins & Walesky, for appellee.

H. G. Stutzman, with him John H. Thomas, for intervenor, appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.

[ 381 Pa. Page 277]

OPINION PER CURIAM

The Tremont Township School District on June 20, 1949, obtained a judgment for delinquent taxes against the Western Anthracite Coal Company. The Coal Company owned 16,349 acres of land in the western part of Schuylkill County. This land was sold for unpaid taxes by the Treasurer to the County Commissioners of the County of Schuylkill in 1942 and 1944. The sale was confirmed in 1949 and the effect of this

[ 381 Pa. Page 278]

    confirmation was to place title to the land sold in the County of Schuylkill from the date of the sale in 1942 and 1944: Tremont Township School District Appeal, 366 Pa. 404, 77 A.2d 403.

The School District issued an attachment execution on June 28, 1949, seeking to attach in the possession of the Lamar Coal Company all royalties collected by it on coal mined in the aforesaid land during the period April, 1949, to February, 1950, claiming that the royalties were due the Western Anthracite Coal Company. The Lamar Coal Company, garnishee, denied any moneys were due by Lamar to the Western and thereafter pleaded "nulla bona".

On March 9, 1953, the County of Schuylkill intervened, claiming that in the period (April, 1949-February, 1950) in which the School District claimed royalties were due Western, the coal removed and delivered or sold to the garnishee was from land owned by the County in which Western had no rights or interest.

The jury found a verdict in favor of the garnishee. Plaintiff filed a motion for a new trial and for judgment n.o.v., both of which were dismissed by the lower Court.

The judgment is affirmed on the following excerpts from the Opinion of Judge CURRAN speaking for the lower Court:

"It was established that on April 10, 1946, the Western Anthracite Coal Company redeemed by payment of taxes in full fourteen acres of coal in Porter Township, and fourteen acres of coal in Tremont Township. It was not proven, nor was there any offer to prove, that any of the coal delivered to the garnishee during the period: April, 1949 to February, 1950, was ...


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