Kinder v. LaSalle County Carbon Coal Co.

The common source from which all parties to this litigation claim title to the lands in question is James Cowey, who had obtained title to said lands by mesne conveyances from the United States and who was the owner in fee simple at the time the deeds in question were made. By a deed dated March 25, 1867, he severed the underlying mineral estate in the land from the surface estate in the land, and conveyed by warranty deed to the Chicago Coal Company, a corporation, “all the bituminous or stone coal, together with the right to mine the same,” and by the same instrument quit-claimed “all the…