Case v. Elk Horn Coal Corporation

Opinion of the Court by

Judge McCandless

Affirming.

T. G-. Allen was formerly the owner of a large body of land in Floyd county. In 1908 he and his wife conveyed the minerals therein by deed of general warranty to the Laclede Coal Company, which in turn conveyed same to the Elk Horn Coal Corporation. Allen reserved the surface which descended to, and was divided among, his children, and in 1919 and 1920 they conveyed to Emery Case, who is now the owner of the surface in the entire tract. The Elk Horn Coal Corporation has developed the property by opening several coal mines and equipping them…