S. H. Banks v. Tennessee Mineral Products Corp.

The plaintiffs own the surface of a tract of land and the defendants oiyn the minerals or feldspar beneath the same. Hence the question of law presented is: What are the relative rights of the parties ?

“That mineral substances beneath the surface in the earth may be conveyed by deed distinct from the right to the surface itself is now well settled.” Outlaw v. Gray, 163 N. C., 325, 79 S. E., 676; Hoilman v. Johnson, 164 N. C., 268, 80 S. E., 249. This Court has not been called upon to consider many questions growing out of the mining-industry, and hence no decision has been called to our…