Hoffman v. Buchanan

Opinion by

Keller, J.,

This was an action of trespass brought by the widow and heirs of Jesse C. Hoffman against Don V. Buchanan for damages caused by his unlawful mining of coal from the seam or vein belonging to them, known as the “Coal Glen Lower Vein.”

In 1915 Jesse C. Hoffman, who was the owner of a large tract of land in Jefferson County, by articles of agreement under seal and duly recorded, sold to one of his sons, the defendant’s predecessor in title, 135 acres thereof, “excepting and reserving......all of the coal in and under the said above described land, (except the coal in the…