Elk Horn Coal Corp. v. Anderson Coal Co.

SWINFORD, Chief Judge.

This is an action to recover damages and penalties for the wrongful removal of coal from certain lands claimed by the plaintiff, to quiet title to the property and for an injunction against future trespasses by the defendants. Jurisdiction is based upon diversity of citizenship.

The case is divisible into two phases; one involving the plaintiff’s title to the minerals in a certain tract of land referred to throughout the case as lot K-4, the other involving the location of the boundary between lots four and seven of the Elizabeth Bates dowery. The legal issues as to these…