Chicago, Wilmington & Franklin Coal Co. v. Herr

KERNER, Circuit Judge.

This is a companion case to Chicago, etc., Coal Company v. Minier et al., 7 Cir., 127 F.2d 1006, decided this day.

On June 30, 1905, and July 8, 1911, John H. Hill, who was the owner of the land here involved, executed and delivered to Walter W. Williams, trustee, two certain deeds, conveying to Williams all the coal, oil and gas in and under the land, together with the right to mine and remove said coal, oil and gas free and clear of any liability for damages from subsidence or otherwise to the owner of the superincumbent soil, and the further right to make underground…