Appeal from judgment of Court of Common Pleas of Clearfield County, Feb. T., 1960, No. 555, in case of New Shawmut Mining Company, Ridgway National Bank, and Bruce Isaacson and John Bell, successor trustees of N. T. Arnold Estate v. Helen Della Gordon, widow of John Gordon, James Gordon, and unknown heirs of Leslie D. Gordon, deceased, et al.
Sebastian C. Pugliese, with him Carl A. Belin, Sr., Carl A. Belin, Jr., Dan P. Arnold, and Belin & Belin, for appellants.
William H. Eckert, with him Cloyd R. Mellott, G. Kirby Herrington, James S. Berger, F. Cortez Bell, Jr., Edwin L. Klett, Harold J. Boulton, and Eckert, Seamans & Cherin, for appellees.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Dissenting Opinion by Mr. Justice Musmanno.
Dissenting Opinion by Mr. Justice Musmanno:
The decision of this Court, speaking through a majority of the Justices, is an enigma, a baffling puzzle, and an inexplicable judgment. This Court condones the action of a court of common pleas which repudiates a decision of this Court. It then goes further and pins a bouquet on the lower court for its act of defiance by adopting the lower court's opinion as its own.
Let us briefly survey the history, the facts and the law involved in this litigation.
Seven years ago we had before us in Highland v. Commonwealth, 400 Pa. 261, a trustees' (Richey) deed whereby four trustees in 1900 conveyed to N. T. Arnold seventeen parcels of land for a consideration of $200,000. Five of these parcels (VI, IX, XIV, and XVII) were in fee; the other twelve, one of which includes the two warrants 2000 and 2001 here at issue, were for "minerals of every kind and character." No distinction can be drawn among the mineral tracts. One of the main questions decided in Highland was whether this deed conveyed gas to Arnold. This Court held in Highland that the trustees' ...