Sechrist v. Bowman

Opinion by

Mr. Justice Maxey,

On February 24, 1909, the ancestor of the appellees sold to the appellants all the fire clay, consisting of three or more separate veins, underlying a farm of 76 acres, except two blocks containing 14 acres and two acres respectively, together with complete mining rights and release of damages resulting to the surface from the mining and removal of the clay. The total1 consideration was $2,000 for the 60 acres of clay and for four acres of land besides.

The appellants in operating the clay mine, crossed the boundary line and removed some of the reserved clay.…