Stonewall Phosphate Co. v. Peyton

Mabry, J.:

A bill was filed in this case by appellees against appellant to enjoin the latter from mining phosphate rock on the N. W. ■£ of S. W. i of section 31, township 15 S., R. 19 E., alleged to be the property of appellees. Appellant owned the S. W. J of S. W. \ of the same section, township and range, and claimed that the mining was done on its own land, and not on the property of appellees. No question is presented as to the sufficiency of the bill or answer, and the only point to be settled is whether the testimony shows that the mining was done by appellant on its own land or on the…