ROCHEZ BROS., INC. v. DURICKA


374 Pa. 262 (1953)

Rochez Bros., Inc., Appellant, v. Duricka.

Supreme Court of Pennsylvania.

June 26, 1953.


Attorney(s) appearing for the Case

Robert W. Smith, Jr., with him Smith, Best & Horn, for appellant.

Joseph M. Loughran, with him John S. Lightcap, Jr., for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE MUSMANNO, June 26, 1953:

On July 28, 1927, the defendants, Stephen Duricka and his wife Veronica, by deed from S.W. Miller and Charles Moore, became the owners of a tract of farmland located in Derry Township, Westmoreland County, Pennsylvania, comprising 251.881 acres. The conveyance was subject to a former owner's reservation (by deed dated February 17, 1919) of all the coal in and underlying said...

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