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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