Chicago, Wilmington & Franklin Coal Co. v. Minier

LINDLEY, District Judge.

Plaintiffs sue to enjoin defendants from interfering with their drilling of oil and gas wells upon 120 acres of land in Franklin County. Plaintiffs’ title arises by virtue of a mineral deed by defendant Minier to Walter W. Williams, similar in most of its aspects to that involved in Chicago, W. & F. Coal Co. et al. v. Herr et al., 153-D, D.C., 40 F.Supp. 311. Defendants are the grantors in the deed and subsequent assignees and lessees. They insist, as did defendants in 153-D, that plaintiffs are without right to drill for oil.

The deed to Williams conveyed and warranted…