Pike-Floyd Coal Co. v. Nunnery

Opinion of the Court by

Judge Logan

Reversing.

Appellees instituted this action against the appellant to recover damages occasioned to them because appellant made a dump heap from a coal mine on their lands. Appellant brought the waste material from another leasehold on which it was operating and dumped it on the lands of appellees. Appellant claims that it had the right to make the deposit on the lands of appellees under the mineral deed covering the lands of appellees which had been assigned to it. ■ The mineral deed was executed on the lands belonging to appellees before they acquired it, and…