Sandy River Cannel Coal Co. v. White House Cannel Coal Co.
Court of Appeals of Kentucky
CASE 33 — ACTION BY THE WHITE HOUSE CANNEL COAT, CO. AGAINST THE SANDY RIVER CANNEL COAL CO. FOR DAMAGES FOR REMOVING COAL FROM ITS LAND. Appeal from Johnson Circuit Court. A. J. Kirk, Circuit Judge. Judgment for plantiff. Defendant appeals.
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CASE 33 — ACTION BY THE WHITE HOUSE CANNEL COAT, CO. AGAINST THE SANDY RIVER CANNEL COAL CO. FOR DAMAGES FOR REMOVING COAL FROM ITS LAND. Appeal from Johnson Circuit Court. A. J. Kirk, Circuit Judge. Judgment for plantiff. Defendant appeals. The consideration of the authorities and the reasons therefor, together with the evidence in this case and the map filed with the transcript will be, we think, sufficient to sustain the propositions. 1st. That when the coal was mined, it was mined with the honest belief that the land belonged to the defendants, based upon the miniments of title which had…
1Opinion of the Court
*282Opinion op the Court by
Judge Hobson
Reversing.
The Sandy River Cannel Coal Company and the White Plonse Cannel Coal Company own adjoining coal lands, and a dispute arose between them as to the location of the dividing line. In October, 1889, the White House Cannel Coal Company brought suit against the Sandy River Cannel Coal Company, charging that it had entered upon and removed the coal from a part of its land. An injunction was granted restraining further removal of coal. The plaintiff sought to have this injunction perpetuated and to recover for the value of the coal taken. The defendant…
2Cases cited3 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Benson Mining & Smelting Co. v. Alta Mining & Smelting Co.Supreme Court of the United States · 1892
- Bailey v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
3Cited by16 opinions
- Bender v. BrooksTexas Supreme Court · 1910
- New Domain Oil & Gas Co. v. McKinneyCourt of Appeals of Kentucky · 1920
- Hughett v. Caldwell CountyCourt of Appeals of Kentucky (pre-1976) · 1950
- Paraffine Oil Co. v. CruceSupreme Court of Oklahoma · 1916
- Delta Drilling Co. v. Arnett. Brackett v. Arnett. Arnett v. Delta Drilling Co.Court of Appeals for the Sixth Circuit · 1951
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