Consolidation Coal Co. v. White

875 A.2d 318, 2005 Pa. Super. 155, 2005 Pa. Super. LEXIS 918
CourtSuperior Court of Pennsylvania
DecidedApril 26, 2005
StatusPublished
Cited by79 cases

This text of 875 A.2d 318 (Consolidation Coal Co. v. White) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidation Coal Co. v. White, 875 A.2d 318, 2005 Pa. Super. 155, 2005 Pa. Super. LEXIS 918 (Pa. Ct. App. 2005).

Opinion

OPINION BY

HUDOCK, J.:

¶ 1 This is an appeal from an order granting declaratory relief on the pleadings. We affirm.

¶ 2 On May 1, 2003, Consolidation Coal Company (Consol) and MTB Incorporated (MTB), trading as Conrhein Coal Company (Conrhein) 1 initiated an action to quiet title by filing a complaint against Dennis A. White, Ann Louisa White Sullivan, Dennis A. White (as personal representative of the Estate of Richard O. White, Jr., Deceased), PNC Bank Delaware (as Trustee of the Ruth Pierce Smith Revocable Living Trust), Howard T. Pierce, Linda Pierce Frasier, Phillip D. Lung, Barry R. Lung, and Roy L. Lung (collectively the Hager-man heirs). The subject real property is situate in Greene County, Pennsylvania. In 1904, the fee simple title to certain of the ownership rights in the property was conveyed by deed (the Crow deed) from Margaret Crow and Edward H. Crow, et coniunx, to Benson L. Hagerman. The Crow deed was executed on May 21, 1904, and was recorded in Greene County on May 30,1904.

¶ 3 The Crow deed reserved to the Crows all rights to the coal in that portion of the “Pittsburg” seam underlying the property. 2 The mineral estate retained by *322 the Crows has been designated as the “Quiet Title Tract” by the trial court. The Crow deed conveyed the surface rights to Benson L. Hagerman along with mineral rights other than those pertaining to the Quiet Title Tract (including oil and gas rights, drilling rights through the “Pitts-burg” seam, and coal rights to tracts other than the Quiet Title Tract itself).

¶ 4 The Crow deed included the following terms:

The parties of the first part [Crows] reserves [sic] and retains [sic] for their own use and behoof all of that vein of coal that underlies the above tract of land known as the Pittsburg or River Vein. No part of which is included in this purchase of the above described tract of land, also the right to mine and remove the coal from under said land and the right to take on to said land such machinery and material , as is required to operate [a] mine or mines that may be located on said land, and the right to remove same when deemed necessary— [For] All surface land used or taken for mining purposes to which purchaser hereby agrees, those who have the right to mine said Pittsburg Vein of coal shall pay to said purchaser at the rate of two hundred ($200) per acre for same the Purchaser is hereby granted by the parties of the first part, the privelage [sic] and right to drill at anytime, through the Pittsburg vein of coal above reserved, for oil or gas — The said gas and oil is conveyed with the surface and all other veins of coal to purchaser by this indenture — 132 A 69A.
Together with all and singular [sic] the said property improvements, ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estates, rights, title, interest, property, claim and demand whatsoever of the said parties of the first part, in law, equity or otherwise howsoever, of, in and to the same and every part thereof, the said one hundred and thirty two Acres of land.

Crow Deed, recorded 5/30/1904, at 2.

¶ 5 In 1906, Benson L. Hagerman, sub nom. B.L. Hagerman, executed a deed (the Hagerman deed) conveying his interest in the property to G.W. Barney, subject to one reservation which is discussed below. The Hagerman deed was executed April 5, 1906, and was recorded in Greene County on December 29, 1906. The Hag-erman deed contains language which purports to reserve underground transportation rights in and through the Quiet Title Tract (the Hagerman reservation). The Hagerman deed explicitly acknowledges that the conveyance is made subject to the reservation of coal rights recited in the Crow deed and reiterates the recitation itself. The Hagerman deed then states:

The party of the first part [B.L. Hag-erman] further reserves and excepts the exclusive right, appendant and running with the land, for himself, [his] heirs and assigns, to make and maintain tracks, roads and ways in and through the mines, which may be located in said land, or which may be hereafter located on said land in the Pittsburg vein of coal, forever, for the transportation and drainage of said coal, and of coal and supplies to and from other lands, and the party of the second part [G.W. Bar *323 ney] hereby covenants and agrees that the said party of the first part, his heirs and assigns shall have the exclusive right as aforesaid.
All gas and oil is hereby conveyed, and all other veins of coal, to purchaser [G.W. Barney] by this indenture.

Hagerman Deed, recorded 12/29/1906, at 2-3. Title to the Hagerman reservation devolved on the parties designated as “the Hagerman heirs” through various transactions recited in the Second Amended Complaint.

¶ 6 At the time the original complaint was filed, Consol was in control of the Quiet Title Tract through a series of leases and other conveyances which are of record in Greene County. A controversy arose when the Hagerman heirs asserted a right to control the purported Hagerman reservation and to preclude Consol from removing all the coal in the Quiet Title Tract in a manner that would collapse the interior space of the mine. As the trial court explained matters, the Hagerman heirs essentially claim that removal of all the coal from the Pittsburgh vein in the Quiet Title Tract creates a “void” which should revert to them and be available for “haulage-ways.” Trial Court Opinion, 6/24/04, at 6. In its complaint, Consol requested the trial court to grant declaratory relief as follows: to declare that (a) Consol’s title to the Quiet Title Tract is a one hundred percent interest valid and indefeasible against all other rights and claims; (b) the Hagerman hems, their heirs and assigns, and all other persons or entities are barred from calling into question the validity of Consol’s title to the Quiet Title Tract; (c) the Hagerman heirs, their heirs and assigns, and other persons or entities are forever barred from asserting any right or interest in the Quiet Title Tract inconsistent with the interest of Consol; (d) the Hagerman reservation is of no force or effect whatsoever; (e) Con-sol is entitled to a decree declaring that it has full and complete control over the Quiet Title Tract and that the Hagerman heirs have no right or interest of any kind in it; and (f) Consol is entitled to a decree declaring that it has the exclusive right to utilize the Quiet Title Tract for any and all purposes associated with its mining operations free and clear of any servitude, obligation or claim by the Hagerman heirs or any other persons or entities whatsoever. Second Amended Complaint, 12/17/03, at 6-7.

¶ 7 The matter proceeded before the trial court with certain preliminary objections being sustained and others rejected. Consol filed both an amended complaint and a second amended complaint. Default judgment was entered against PNC Bank Delaware (in its capacity as trustee for a living trust pertaining to one of the Hager-man heirs) in July of 2003.

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Cite This Page — Counsel Stack

Bluebook (online)
875 A.2d 318, 2005 Pa. Super. 155, 2005 Pa. Super. LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidation-coal-co-v-white-pasuperct-2005.