Greek Catholic Congregation v. Wilson Coal Co.

Opinion by

Mr. Justice Maxey,

Plaintiff filed a bill in equity to restrain the defendant from mining coal in plaintiff’s land and to make it pay for 25,472 tons of coal mined and taken by defendant from the property in controversy. Plaintiff uses this land as a cemetery. On February 13, 1896, it bought the surface of a tract of land, 150 feet in width and 436 feet in depth, herein designated as Tract No. 1, from the Hillside Coal and Iron Company (hereinafter called the H. C. & I. Co.). In this grant no coal was included. On November 12, 1930, an additional plot of contiguous land, in area…