Blue Diamond Coal Co. v. Press Eversole

MOREMEN, Justice.

This is an appeal from a judgment by which Blue Diamond Coal Company was enjoined from dumping slate and other débris upon the surface of land owned by appellees. The appellees were also awarded damages in the sum of $1,000 for injury to their property.

Appellant, Blue Diamond Coal Company, is the owner of the mineral rights underlying a boundary of about 485.6 acres of land. It claims title through an original deed of severance executed on July 20, 1884, which contains this recitation:

“For and in consideration of $225, the receipt whereof is hereby acknowledged, said parties…