Hi List, I found the most unusual land deed. It is referred to as an indenture. My ggg, grandfather, Thomas Coggins, is the party of the second party and the Pawnee Coal Company is the party of the first part. It is dated July 14, 1869. He paid $425 for a parcel of land in the City of Scranton (Lot 15) on Beech. Has anyone ever heard of the Pawnee Coal Company? Did Coal Companies sell surface land but keep the rights to the minerals underneath? Could you stipulate that someone could not sell alcohol when you sold land? I would love someone else's opinion on this. This is part of the deed. There is a lot more to it and it is somewhat difficult to read. Said lot being forty feet in front forty feet in rear and one hundred and fifty feet in depth said lot is bounded as follows  Northerly by street known as Beech street Southerly by an Alley Easterly by lot seventeen Block seventeen Westerly by lot thirteen Block Seventeen Excepting and reserving however the said company, their successors and assigns all coal and minerals beneath the surface of, and belonging to said lot, with the sole right and privilege to mine and remove the source of any subterranean processing lent to the business of mining: without thereby incurring in any event whatever any liability for injury caused or damage done to the surface of said lot or to the buildings or improvements which now are or hereafter may be put thereon. Provided that no mine or air shaft shall be intentionally opened or any mining fixtures established on the surface of said premises and for the consideration of the premises and for the further consideration of  one dollar to him in hand paid by the party of the first part the said party of the second part does for himself his heirs executors administrators and assigns covenant and agree that he will at no time keep upon the premises or allow to be kept upon the premises by others for sale or ?trafic any spirituous liquors upon  ?frain of an absolute forfeiture of all right title and interest in the aforesaid premises improvements and appurtenances. Anyone else ever see anything like this? Thanks, Carol

I have seen something similiar to not selling alcohol in a deed. However I never saw anything like the part about selling only the surface land. My gggrandfather bought property in Susquehanna Co., PA and his deed read "this deed is made on conditon and with express reservation, that the said (buyer), nor his heirs nor assigns, or any tenant or other person holding ___?___ through him, shall yet at any time, permit to be used the said premises or any building or any shed thereon or which may be herafter erected theron for the sale of ardent spirits, or intoxicating Liquors of any kind ........ and the said (seller) reserves to himself , his heirs and assigns, the right on the breach of the foregoing conditions, at his or their option to declare this conveyance and the Estate being granted, null and void, and on payment or tender of payment by him, his heirs or assigns of the consideration money above mentioned without interest, to the owner of the hereby granted premises, to have and to hold the same again as their own property,......." MaryEllen ----- Original Message ----- From: <PUSTULKA@aol.com> To: <PALACKAW-L@rootsweb.com> Sent: Thursday, October 11, 2001 7:00 PM Subject: [PA-LAC] Deed from Pawnee Coal Co. Hi List, I found the most unusual land deed. It is referred to as an indenture. My ggg, grandfather, Thomas Coggins, is the party of the second party and the Pawnee Coal Company is the party of the first part. It is dated July 14, 1869. He paid $425 for a parcel of land in the City of Scranton (Lot 15) on Beech. Has anyone ever heard of the Pawnee Coal Company? Did Coal Companies sell surface land but keep the rights to the minerals underneath? Could you stipulate that someone could not sell alcohol when you sold land? I would love someone else's opinion on this. This is part of the deed. There is a lot more to it and it is somewhat difficult to read. Said lot being forty feet in front forty feet in rear and one hundred and fifty feet in depth said lot is bounded as follows Northerly by street known as Beech street Southerly by an Alley Easterly by lot seventeen Block seventeen Westerly by lot thirteen Block Seventeen Excepting and reserving however the said company, their successors and assigns all coal and minerals beneath the surface of, and belonging to said lot, with the sole right and privilege to mine and remove the source of any subterranean processing lent to the business of mining: without thereby incurring in any event whatever any liability for injury caused or damage done to the surface of said lot or to the buildings or improvements which now are or hereafter may be put thereon. Provided that no mine or air shaft shall be intentionally opened or any mining fixtures established on the surface of said premises and for the consideration of the premises and for the further consideration of one dollar to him in hand paid by the party of the first part the said party of the second part does for himself his heirs executors administrators and assigns covenant and agree that he will at no time keep upon the premises or allow to be kept upon the premises by others for sale or ?trafic any spirituous liquors upon ?frain of an absolute forfeiture of all right title and interest in the aforesaid premises improvements and appurtenances. Anyone else ever see anything like this? Thanks, Carol ==== PALACKAW Mailing List ==== Subscribers -- Off topic postings (particularly political, advertising, or just plain rude) AND responses on the list are grounds for being Unsubscribed Please forward any offending email to <mailto:pieroth@ix.netcom.com> To unsubscribe: http://www.rootsweb.com/~palackaw/index.html#MailingList