Robinson v. Wheeling Steel & Iron Co.

Litz, Judge:

The circuit court certified its ruling sustaining a demurrer to the bill of complaint which charges that the defendant is the owner of all the coal, limestone rock, ores and minerals between the center of the earth and the stratum of cement rock nine feet, more or less, in thickness located about thirty feet above the Wheeling vein of coal underlying the surface of .a certain tract of land in Union District, Marshall county, containing 142 acres, and the plaintiff is vested with the remaining estate; that the defendant, having mined and removed from the land the said Wheeling seam…