Chafin v. Gay Coal & Coke Co.

LIVELY;, PRESIDENT:

This controversy is between Mary Chafin, an heir of Moses Mounts, deceased, and Gay Coal & Coke Company, the lessee of Mounts, over the use of the surface of the land leased; in which the heir seeks to enjoin the coal company from using the surface in operating its coal mine under the lease. The trial chancellor refused to enjoin, and dismissed the bill, and Mary Chafin appealed.

Moses Mounts owned a tract of about 850 acres at the junction of Trace Fork and Island Creek in Logan County and in 1903 leased it for coal mining purposes to the predecessors of Gay Coal & Coke…