Chicago, Wilmington & Franklin Coal Co. v. Herr

LINDLEY, District Judge.

Chicago, Wilmington & Franklin Coal Company, claiming to be the owner of the oil and gas underneath the premises involved, and Adkins, its lessee for the purpose of producing oil and gas, sue to enjoin defendants from interfering with their possession and development. Defendants deny that plaintiffs are entitled to any relief and in a counterclaim seek to quiet their alleged title to the oil and gas.

One John H. Hill, the owner of the premises, on June 30, 1905, with his wife, executed a warranty deed to Walter W. Williams, trustee, whereby the grantors conveyed and…