Atkinson v. J. R. Crowe Coal & Mining Co.
Supreme Court of Kansas
Error from Cherokee district court; Corb A. Mc-Neill, judge. STATEMENT. This suit was commenced by the J. R. Crowe Coal & Mining Company, in the district court of Cherokee county, to obtain a perpetual injunction against Lillie and Ed Atkinson. The defendants insisted that the remedy sought by the plaintiff could be obtained only in an action of ejectment. They, therefore, demurred to the plaintiff’s petition.
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Error from Cherokee district court; Corb A. Mc-Neill, judge. STATEMENT. This suit was commenced by the J. R. Crowe Coal & Mining Company, in the district court of Cherokee county, to obtain a perpetual injunction against Lillie and Ed Atkinson. The defendants insisted that the remedy sought by the plaintiff could be obtained only in an action of ejectment. They, therefore, demurred to the plaintiff’s petition. The demurrer being overruled, they filed an answer and demanded a jury, which was refused, and the case was then tried to the court upon the facts. A permanent injunction was allowed,…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The plaintiff freely admits that the defendants own the land in controversy, subject only to its rights as lessee to mine and remove coal and mineral therefrom. It merely claims an easement in the surface, such as will enable it to exercise fully its rights as-lessee, and does not wish to disturb the defendants in the enjoyment of the possession and use of the surface further than is reasonably necessary to the enjoyment of its own rights under its lease. It therefore insists that ejectment is neither an adequate nor an appropriate remedy…
2Cases cited4 opinions
- Angus v. CravenCalifornia Supreme Court · 1901
- Spencer v. RobbinsIndiana Supreme Court · 1886
- Martin v. MartinIndiana Supreme Court · 1889
- Newman v. DuaneCalifornia Supreme Court · 1891
3Cited by21 opinions
- J. R. Crowe Coal & Mining Co. v. AtkinsonSupreme Court of Kansas · 1911
- Rognrud v. ZubertSupreme Court of Minnesota · 1969
- Gordon v. MunnSupreme Court of Kansas · 1910
- Houston v. GoemannSupreme Court of Kansas · 1917
- Akins v. HolmesSupreme Court of Kansas · 1913
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