Wilms v. Jess

Appellee brought an action on the case against appellant and another, in the circuit court of Sangamon county, for injuries to appellee’s premises, caused by the removal by the appellant and his co-defendant of the underlying strata of coal, without leaving sufficient support for the surface.

The entire title to the lot of ground involved in the litigation was originally in Jacob Bunn; but, on the 20th day of March, 1870, he leased to the assignor of appellant and his co-defendant “ the sole and exclusive right of boring, digging and otherwise prospecting for coal,” in a large body of land,…