Consolidated Coal Co. v. Schmisseur

The principal question presented by this record is, whether a case is made by appellee that will give a court of equity jurisdiction to interfere, by injunction, to prevent appellant from using the entries, shaft and leased ground upon her land to transport and hoist coal taken from the adjoining lands owned by appellant. Four separate grounds of equitable jurisdiction are relied upon, viz: First, that the acts of appellant in driving entries through the coal on appellee’s land to coal upon the adjoining tracts, and taking coal therefrom through such entries and out at such shaft, is a fraud…