Imperial Elkhorn Coal Co. v. Webb

Opinion by

Judge Sampson

Overruling motion to grant injunction.

Webb and Franklin own the surface of the land in which the Imperial Elkhorn Coal Co. and its grantors own the coal and certain other minerals under and by a deed made in 1887, and which deed recites that the grantee of the coal and mineral shall have ‘ ‘ all the usual mining privileges and timber necessary for mining purposes, reserving to ourselves the fee simple to the surface of said farm.” On adjoining coal property the coal company has heretofore installed a coal mining plant with tipple, railroad switch and a large number of…