Faught v. Leith
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; T. L. Sowqll, Judge. Suit in equity by S. W. Faught against B. D. Leith and others. From a decree for respondents, complainant appeals. Appellant is the owner of the surface of lots 13 and 14 in block 127, in the town of Carbon Hill, Ala., and filed this bill against appellees, B. D. Leith and others, to enjoin said respondents from operating or in any manner excavating underneath said lots for the purpose of removing coal therefrom.
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Appeal from Circuit Court, Walker County; T. L. Sowqll, Judge. Suit in equity by S. W. Faught against B. D. Leith and others. From a decree for respondents, complainant appeals. Appellant is the owner of the surface of lots 13 and 14 in block 127, in the town of Carbon Hill, Ala., and filed this bill against appellees, B. D. Leith and others, to enjoin said respondents from operating or in any manner excavating underneath said lots for the purpose of removing coal therefrom. It is averred in the bill that the respondents were conducting mining operations in and under said lots, and that the…
1Opinion of the CourtGardner, J.
[1] The equity of the bill in this cause is not questioned, and rests upon the principle, well recognized in this state, that the right to mine is servient to the right of the owner of the surface to have it perpetually sustained in its natural state. Bibby v. Bunch, 176 Ala. 585, 58 South. 916.
[2] Numerous affidavits were introduced in evidence by the respective parties, and, in addition thereto, the trial court visited the property and made a personal examination and investigation of same, as well as of the respondent’s mining operations. The decree of, the court discloses that the…
2Cases cited4 opinions
- Warble v. Sulzberger Co. of AmericaSupreme Court of Alabama · 1914
- Dancy v. RatliffSupreme Court of Alabama · 1917
- Bibby v. BunchSupreme Court of Alabama · 1912
- Western Union Telegraph Co. v. JonesSupreme Court of Alabama · 1914
3Cited by13 opinions
- Jones v. Jefferson CountySupreme Court of Alabama · 1919
- Mutual Service Funeral Homes v. FehlerSupreme Court of Alabama · 1952
- Fuller v. BlackwellSupreme Court of Alabama · 1945
- Watt v. LeeSupreme Court of Alabama · 1939
- Bellingrath v. AndersonSupreme Court of Alabama · 1919
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