Rose v. Gatliff Coal Co.

Opinion op the Court by

Chiep Justice Clay

Affirming.

According to their petition, Demaris L. Rose and Emaline Tye are the owners and in the actual possession of three tracts of land in Whitley county, which are described by metes and bounds. The Gatliff Coal Company owns a large boundary of land adjacent to their land. For many years last past the Coal Company has mined across the property line and taken a large tonnage of coal from the lands of plaintiffs and converted the proceeds to its own use. They do not know, and had no means of accurately knowing, the exact amount of coal taken. The…