Greek Catholic Congregation v. Plummer

Opinion by

Mb. Justice Maxey,

■ Plaintiff brought an action in trespass against defendants for the recovery of damages for the mining and removal of coal from plaintiff’s land.

The statement of claim avers that defendants mined and dug from plaintiff’s land, without the latter.’s consent, 25,472 tons of coal of the value of $12,736, knowing the same to be upon plaintiff’s land, and removed and converted the coal to their own use, and did the mining through their agent, the Wilson Coal Company, to which defendants had made a lease dated May 1, 1931, and, in addition to maldng the lease,…