the Park No. 3 fine coal plant, each in the amount of $25,000 with a mortgagee clause in favor of Hazleton National Bank.
16. Park Trent made various monthly payments to Rhoads during the period of approximately eleven months that Park Trent operated the Park No. 3 fine coal plant, leaving an unpaid balance due Rhoads of $140,476.06 as of September 30, 1955.
17. During the span of its operations Park Trent made daily analyses of the quality of the coal content of the waste being deposited by it on the silt bank of the Park No. 3 breaker. These tests revealed that the refuse being deposited was rich in coal content.
Park Trent made one sale of about 1000 tons of its silt to the New Jersey Zinc Company while Park Trent was in possession.
18. During the period of its occupancy of the land Park Trent did not exercise or attempt to exercise any dominion or rights of ownership over the silt earlier abandoned by Rhoads and then owned by Counties.
19. In August of 1955 financial difficulties began to affect the operations of Park Trent and it was obliged to default in its payments to Rhoads. It was unable to meet its payroll on October 15, 1955 and then ceased its operations and surrendered possession to Rhoads, which did nothing to re-assert dominion or rights of ownership to the silt it had previously abandoned to Counties.
20. Shortly thereafter, Rhoads, in turn relinquished possession of the tract Park No. 3 and the breaker to Hazleton National Bank, which, upon default by Rhoads, foreclosed the collateral mortgage on the surface of the land given the bank by Counties.
A writ of fieri facias real estate, dated October 20, 1955, was issued pursuant to which the land was sold at Sheriff's sale to Hazleton National Bank on November 18, 1955.
The Sheriff's return of the writ discloses "nulla bona" as to personal property.
21. Prior to the foreclosure sale Randall advised Park Trent that the Hazleton Bank intended to foreclose its mortgage. Park Trent was not served with official notice of the sale. No one on behalf of Park Trent attended the sale.
22. Randall was present at the Sheriff's sale which was conducted by his then brother-in-law. Randall made no claim nor did he give or attempt to give notice of any claim of ownership or other interest of Rhoads in the Park No. 3 silt before, during or after the sale.
Rhoads never, by lawsuit or otherwise, attempted to assert any property right or interest in the silt following the sale.
23. By reason of Rhoads' default, the bank also took peaceful possession of the Park No. 3 breaker, which was the subject of the chattel mortgage given to the bank by Rhoads as collateral security for the latter's demand note. The bank, at the same time, took peaceful possession of the silt which had been abandoned by Rhoads to Counties and the silt deposited by Park Trent.
24. The Hazleton National Bank received a deed to the surface of the land from the Sheriff dated November 18, 1955. This deed contained no mention of the silt bank involved herein.
25. Counties intended to and did abandon to the bank, in November, 1955, the silt which Counties owned by reason of Rhoads' abandonment.
26. More than a year after foreclosure and possession, the bank, on December 11, 1956, conveyed the same premises to Gilberton for $30,000. Before delivery of the deed to Gilberton the following clause was included in the instrument:
"TOGETHER with all culm banks, railroad sidings, cleaning plant and all other structures, buildings and improvements of any kind or nature whatsoever."