Sherrill v. Erwin

The original bill in this cause sought to reform a deed and prayed for injunctive relief to prohibit waste upon and destruction to the real estate involved. Later complainants amended their hill and asked the Court to determine whether the surface land was damaged by wrongful excavations made by defendants stripping the land to remove the coal therefrom and for damages, if any, to the surface land.

The case was heard upon oral testimony and the Chancellor held that complainants’ proof was insufficient to establish a mutual mistake in the execution of the deed; that considering complainants’…