Wells v. North East Coal Co.

OPINION op the Court by

Judge Dietzman

Affirming.

The appellant, Ireland Wells, is the owner of a tract of land located in Johnson and Floyd counties on Johns creek, containing approximately 51 acres. Long before he acquired title to this property, his predecessor in title, Martha Burchett, had conveyed the mineral rights in this land to the late Hon. J. C. C. Mayo, under whom the appellee, the North East Coal Company, claims. In 1930 the appellant instituted this suit in the Floyd circuit court, seeking to recover of the appellee the sum of $2,500, for alleged damage done his land, caused, as…