Kulp's Luzerne Legal Register Reports (Volume 7) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: William Jack, by a deed dated December Qth, 1889, conveyed the land, by full and proper description, to the trustee, "together zvith all the right, title and interest of the said James H. Miles as heir of the lessor in a certain coal lease made by the said James Hancock, deceased, to and u'ith Horatio N. Burroughs, which said lease has now become vested by instrument duly recorded in the proper office in Lnzerne county, in the Lchigh Valley Coal Company. In 1891 Richard Culter, trustee, issued a sci.fa. stir mortgage, recovered judgment, sold the lands and coal lease by hi'arifacias, and purchased the same at sheriff's sale. It is argued, that, if our first proposition is correct, James H. Miles had no estate in the coal to mortgage, and, therefore, that the purchaser at sheriff's sale took nothing thereby. Assuming that the sheriff's sale did not pass a title either to the coal or to the royalties accruing under the lease, nevertheless we are of opinion that the clauses which we have italicized in the deeds above referred to, operated as an assignment of the interest of James H. Miles in the coal royalties in question, and that the clause in the lease protecting the rights of all claimants is broad enough to include one claiming as assignee of his share. We therefore conclude that the share of the fund which would otherwise go to James H. Miles?being one-sixth of one-sixth of all the royalties?is payable to Richard Culter, trustee. Counsel are requested to prepare a formal decree in accordance with this opinion. A. H. Dickson, for Richard Culter, trustee. W. S. McLean, for James H. Miles and Dr. Miles. Nesbitt, Assignee v. Turner. i. Where it is apparent, upon the face of a bond, that an alteration in the date has been made, and no note of such alteration appears befo...