O'DWYER v. Ream

Opinion by

Mr. Justice Chidsey,

This is an action in equity praying that the defendant-owner of the surface rights and part of the mineral rights of a 263 acre farm be required to cause a survey to be made to delineate plaintiffs’ sub-surface coal rights, that defendant be decreed a trustee as to the coal found to belong to plaintiffs, that he account for any encroachments into plaintiffs’ coal, that he be restrained from exercising any incidents of ownership over plaintiffs’ coal, and other appropriate relief.

Prior to 1902, this 263 acre farm and all of its mineral rights were owned by…