Green v. Wheeling Independent Coal Co.

Hatcher,' Judge :

W. T. Hughes and others own a tract of 800 acres of coal which they leased to the defendant company. They are sub-lessees of a tract of 39 acres of coal and sublet to defendant whatever rights they had in the surface thereof. The 39 acres adjoins and is between the 800 acres and the public road. The defendant is using an entry on, and the surface of, the former, to operate the coal on the latter. The plaintiffs are the owners of the 39 acres and seek in this proceeding to enjoin the defendant’s nse of the 39 aeres for any purpose other than the operation of the coal therein.…