School District of the Township of Mount Carmel

<p>Appeal, No. 187, Oct. T., 1912, by defendants, from judgment of O. P. Somerset Co., Sept. T., 1907, No. 116, on verdict for plaintiffs in case of Henry B. McCormick and Vance C. McCormick, Trustees of tbe Estate of Henry McCormick, Deceased, v. John A. Berkey and John R. Boose.</p> <p>Issue framed under tbe Act of June 10, 1893, P. L. 415, to determine title to minerals underlying tract of land in Quemakoning Township. Before Holt, P. J., specially presiding.</p> <p>The opinion of the Supreme Court states the case.</p> <p>The jury found a verdict in favor of the plaintiffs for the real estate in dispute, upon which judgment was entered.</p> <p>On a rule for a new trial and for judgment n. o. v., Holt, P. J., filed the following opinion:</p> <p>In this case an issue was framed between the plaintiffs and the defendants, to determine the right and title of the respective parties in and to a tract of mineral land in the Township of Quemahoning, in said county, bounded by lands of Jacob Lohr, and others, containing 192 acres and 118 perches strict measure.</p> <p>On the 14th day of May, 1887, the Johnstown Lumber Company became the owners in fee simple of a certain tract or piece of land in said township, containing 245 acres and 134 perches; and the Johnstown Lumber Company, on the 25th day of April, 1889, being so seized of said tract of land, executed and delivered unto one John Holsopple a deed for 192 acres and 134 perches of the said tract of land, reserving the right of the grantors to all the minerals underlying the same, with the usual mining privileges. The Johnstown Lumber Company, by another deed, dated October 28, 1891, conveyed unto the Cambria Land Company, by metes and bounds, the whole of the said tract of land containing 245 acres and 134 perches, excepting and reserving,, however, out of the operation of the grant, the 192 acres and 134 perches of the surface of said tract heretofore conveyed by the Johnstown Lumber Company to John Holsopple.</p> <p