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212 Pa. 521

Chalfant v. Rocks

Supreme Court of Pennsylvania

Decided June 22, 1905

Supreme Court of Pennsylvania · decided 1905-06-22

Appeal, No. 21, Jan. T., 1905, by plaintiffs, from judgment of C. P. Fayette Co., Dec. T., 1903, No. 44, for defendants non obstante veredicto in case of Jemima A. Chalfant et al. v. Francis Rocks, William F. Soisson and Rocks Coal & Coke Company. Ejectment for three acres of coal in Redstone township. Before Umbel, J. At the trial it appeared that the defendants claimed title through one James A. Lynn who died in 1883.

Affirmed · Decided 1905-06-22

Per Curiam,

¶1The agreement upon which the plaintiffs’ title is founded cannot reasonably be construed as more than a personal license. Though called by the parties a sale the vendee is “ not to sell any coal only what he hauls himself or have hauled,” and he is also restricted from selling the “ said three acres of coal to any person or persons but Jas. M. Linn (the vendor) his heirs or assigns.” The words of the grant are in presentí, the description of the land complete, and the -receipt is of the consideration money in full. There is no indication of any further instrument being in contemplation, and the restrictions in this one are incompatible with a conveyance in fee, but "entirely in harmony with a personal license.

¶2But even if considered as a conveyance there are no words of inheritance and on the death of the grantee nothing passed to his heirs.

¶3Judgment affirmed.

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