Newcomer, Admrx. v. S. Fayette C. Co.

Opinion by

Mr. Justice Kephart,

This is an action of trespass to recover damages for the unlawful mining of coal lying between the actual crop line and the boundary line as described by courses and distances in the deeds conveying the main body of coal. A compulsory nonsuit was directed in the court below because no damages had been proved.

Appellant conveyed a 9-foot seam of coal to Foote, the descriptions in the deed extending by courses and distances to “the coal crop line,” “thence by the coal crop line,” etc. Appellee, the present owner of the coal described in this deed, contends that the…