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LICHTENFELS v. BRIDGEVIEW COAL CO.

344 Pa.Super. 257 (1985)

496 A.2d 782

Doris LICHTENFELS, Grace Doppelheurer, Samuel F. Morrison, Maxine Beye, Lois Miller, Martha Greene, David L. Morrison and Raymond Morrison v. BRIDGEVIEW COAL COMPANY and Delta Mining, Inc. Appeal of DELTA MINING, INC.

Supreme Court of Pennsylvania.

Filed July 26, 1985.

Attorney(s) appearing for the Case

Charles C. Keller, Washington, for appellant.

Ira B. Coldren, Jr., Uniontown, for Bridgeview Coal Co., appellee.

Before WIEAND, CIRILLO and JOHNSON, JJ.

CIRILLO, Judge:

The issue on this appeal is whether a surface lease with mining rights, executed by less than all the owners of the property, survives a partition sale of the property to a third party.

The aggrieved party on appeal is Delta Mining, Inc., which on January 10, 1979 leased a 150-acre tract of land from nine of its ten owners by tenancy in common. The lease conveyed the land together with all rights necessary for the proper mining of coal thereunder...

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