Wednesday, September 10, 2008

Superior Court 9/10/2008 - CONSOL PENNSYLVANIA COAL COMPANY v. THE FARMERS NATIONAL BANK OF CLAYSVILLE AND ....

CONSOL PENNSYLVANIA COAL COMPANY v. THE FARMERS NATIONAL BANK OF CLAYSVILLE AND JON HOLBERT CARTER AND PATRICIA W. CARTERAPPEAL OF: JON HOLBERT CARTER AND PATRICIA W. CARTER
No. 1360 WDA 2007 Atlantic: n/a Filed: 9/10/2008
Appeal from the Judgment entered July 6, 2007,in the Court of Common Pleas of Washington County,Civil, at No. 2005-2256.
Before: MUSMANNO, POPOVICH and HUDOCK, JJ.
Opinion by: HUDOCK, J.
This is an appeal from the Judgment entered in favor of Consol Pennsylvania Coal Company (Consol) and against Jon Holbert Carter and Patricia W. Carter, his wife (the Carters), in a quiet title action, wherein Consol was awarded fee simple title to the coal rights to a tract of land to which the Carters own the surface estate. For the reasons that follow, we reverse and remand for proceedings consistent with this opinion.

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