Campbell v. Campbell Et Ux.

Johnnie Campbell and wife, Lucille Campbell, brought this suit against James Campbell, Frank Campbell, and Fanny Moffitt to recover damages to realty. The theory of plaintiff’s case was that they owned the surface of one acre of land in Grundy County, Tennessee. Fanny Moffitt owned the coal under the land. All defendants joined in mining the" coal and in doing so caused the surface of plaintiff’s land to subside to their damage.

Defendants pleaded the general issue, and also, set up as a defense, “That Fanny Moffitt is the owner of the mineral interests in the land described in the declaration…