Board of County Commissioners v. Kurent

The opinion of the court was delivered by

Smith, J.:

This action was brought by a board of county commissioners to enjoin defendant from mining coal upon and thereby destroying the value of certain land which had been bid off by the county for delinquent taxes in 1929. Judgment was for defendant. Plaintiff appeals.

The petition alleged that defendant was the owner of the land involved; that the taxes were a first lien on the land; that defendant was mining coal thereon by strip mining, which was destroying the value of the real estate in question, and that if defendant was not enjoined from…