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O'DWYER v. REAM

390 Pa. 474 (1957)

O'Dwyer v. Ream, Appellant.

Supreme Court of Pennsylvania.

November 11, 1957.

Attorney(s) appearing for the Case

Charles F.C. Arensberg, with him Frank R. Coder, Ella Graubart and Patterson, Crawford, Arensberg & Dunn, for appellant.

Frank A. Orban, Jr., with him James B. Landis, for appellees.

Before JONES, C.J., BELL, CHIDSEY, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE CHIDSEY, November 11, 1957:

This is an action in equity praying that the defendant-owner of the surface rights and part of the mineral rights of a 263 acre farm be required to cause a survey to be made to delineate plaintiffs' sub-surface coal rights, that defendant be decreed a trustee as to the coal found to belong to plaintiffs, that he account for any encroachments into plaintiffs' coal, that he...

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