Grell v. Lumsden

This is an action to recover damages to real property. Appellee is the owner of a tract of land in Webster County, containing 112 acres. On October 31, 1877, the then owner thereof conveyed all the coal underlying 16 3/4 acres of said tract, together with "the right to cut and use all the timber now standing on above described land and lying directly east of the mouth of said mine for any purposes connected with operation of the mine," to Mary C. Tourtellott. Through several mesne conveyances, appellant subsequently acquired the mineral rights conveyed by said deed.

The court's statement of…