Virginia Iron, Coal & Coke Co. v. Price

STEWART, Justice.

This appeal is from a judgment of the Perry Circuit Court dismissing plaintiff’s petition, thereby adjudging that it is not the owner of the minerals and mining rights in dispute in this action. Plaintiff appeals.

Appellant’s petition sought to recover from appellees the value of the coal mined and removed by them from the particular tract in question here, claiming it is the owner of the minerals and mining rights underlying the land but admitting appellees have title to a six-sevenths interest in the surface; and, in addition, it asked for in-*439junctive relief against any…