IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
May 15, 2009
CONSOL PENNSYLVANIA COAL COMPANY, PETITIONER
THE FARMERS NATIONAL BANK OF CLAYSVILLE AND JON HOLBERT CARTER AND PATRICIA W. CARTER, RESPONDENTS
Petition for Allowance of Appeal from the Order of the Superior Court entered September 10, 2008 at No. 1360 WDA 2007, reversing the Judgment of the Court of Common Pleas of Washington County entered July 6, 2007 at No. 2005-2256 and remanding.
AND NOW, this 15th day of May, 2009, we GRANT the Petition for Allowance of Appeal, VACATE the Order of the Superior Court, and REMAND to the Washington County Court of Common Pleas with direction to dismiss Petitioner's quiet title action for failure to join indispensable parties. Van Buskirk v. Van Buskirk, 590 A.2d 4, 7 (Pa. 1991) (holding that action between grantees to divide property allegedly deeded to them should be dismissed for failure to join a necessary party where purported grantor who did not record and later destroyed deed was not joined). The successors in interest to Joseph and Eliza Carroll are indispensable herein. Thompson v. Mattern, 9 A. 70, 73 (Pa. 1887) (holding that a reservation of "the entire privilege of all ore on said premises" is construed as an exception and "the fee in the reserved mineral remains in the vendor").
Mr. Justice Saylor dissents.
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