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DOUGLAS v. KINGSLEY. (06/25/56)

June 25, 1956

DOUGLAS, APPELLANT,
v.
KINGSLEY.



Appeal, No. 24, Jan. T., 1956, from judgment of Court of Common Pleas of Lackawanna County, Nov. T., 1949, No. 166, in case of Mildred Howe Douglas et al. v. John B. Kingsley et al. Judgment affirmed; reargument refused August 20, 1956. Ejectment. Before ROBINSON, J. Verdict directed for defendants; plaintiffs' motions for new trial and judgment n.o.v. denied and judgment entered. Plaintiffs appealed.

COUNSEL

Marshall Gray Jones, with him J. Harry Morosini, for appellants.

J. Julius Levy, with him Michael J. Martin, and James W. Scanlon, for appellees.

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

Author: Arnold

[ 386 Pa. Page 59]

OPINION BY MR. JUSTICE ARNOLD

In this action of ejectment plaintiffs appeal from judgment of the court below entered for defendant upon the directed verdict of a jury. They contend that the court erred in directing the jury to find for defendant

[ 386 Pa. Page 60]

    if it determined to be valid certain documents of title in defendant.

The evidence established that in 1828 Isaac London, then owner of the land, leased to one Meredith for 100 years, the coal thereunder with right to mine and remove. In 1840 London conveyed the land (subject to the Meredith lease) to J. Burr Kenyon, "together with the ... minerals, ... reversions and remainders ... and also all the estate, right, title, interest ... claim and demand whatsoever [of Isaac London] in law or equity or otherwise ..."

In 1882 J. Burr Kenyon died intestate leaving as heirs his widow, Rhoda, and his children, Mary K. Howe, Elizabeth K. Jones, Harriet Hull, Elizabeth A. Kingsley, Charles Kenyon and Carrie Kenyon. The widow died in 1897 and Carrie Kenyon died in 1905, unmarried and without issue.

In 1896 Charles Kenyon conveyed his interest to defendant's father. In 1928, the Meredith lease having expired, defendant, by lease, undertook to mine the coal.

Plaintiffs claimed by inheritance from two of J. Burr Kenyon's children, Elizabeth K. Jones and Mary K. Howe. Having proved Kenyon's title, his death intestate, and their inheritance through ...


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