Elk Garden Big Vein Mining Co. v. Gerstell

Litz, Judge:

The defendant, Richard Gerstell, and George W. Price, being joint owners of a 227 acre tract of coal bearing land in Mineral county, a small acreage of which was underlaid by what is known locally as the Elk Garden Big Vein seam of coal, in February, 1891, sold the coal in said seam to Patrick II. Brown, M. P. Fahey, John Fahey and John Brophy, and on December 14, 1892, conveyed it, with mining rights, to the plaintiff corporation which had been organized by said purchasers to operate the same. Beginning operations in 1891, plaintiff completed the mining and shipment of all of…