Peabody Coal Company v. D. J. Erwin and Juanita Erwin

In a diversity of citizenship action in the district court, Peabody Coal Company sought a declaratory judgment granting it the right to strip mine a fifty acre parcel of land. Peabody owns the mineral rights to the land involved while the defendants own the surface estate. The respective rights of the parties are determined by a 1902 mineral conveyance between the parties’ predecessors in title. 1 Both parties sought summary judgment with the court below, 326 F.Supp. 1005, granting Peabody’s motion and declaring the coal company’s right to strip mine.

On appeal, appellant Erwin’s first…