Elk Horn Coal Corp. v. Jacks Creek Coal Co.

Opinion op the Court by

Hobson, Commissioner—

Affirming in part and reversing in part.

The. Jacks Creek Coal Company brought this action against the Elk Horn Coal Corporation, W. F. Hite, and Justus Collins, alleging that it owned all the coal and minerals in the tract of land described in the petition, under a lease made by Hite and Collins to it; that the Elk Horn Coal Corporation was claiming to own the land, and was threatening to remove the minerals. It prayed that its title be quieted and for all proper relief. The Elk Horn Coal Corporation filed an answer in which it denied the title of…