Lowe v. Guyan Eagle Coals, Inc.

Harshbarger, Justice:

William D. Lowe appeals from the Logan County Circuit Court’s grant of summary judgment to Guyan Eagle Coals, Inc. Lowe sued for damages for trespass and unauthorized use of his surface property by mineral rights owner Guyan Eagle. By order of April 19, 1979, the circuit court granted defendant’s motion for summary judgment on pleadings, interrogatories, stipulation and affidavit by the coal company president.

In 1902 the family patriarch, Joseph Lowe, acquired two hundred nine acres in fee simple in Logan County. The surface and mineral rights were severed by a 1902…