Bethlehem Minerals Co. v. Church & Mullins Corp.

STEPHENS, Chief Justice.

This action commenced in 1964 when Bethlehem Minerals Company, Bethlehem Mines Corporation, Beth-Elkhom Corporation, and Bethenergy Mines, Inc. (“Bethlehem”) filed an action for injunctive relief against John Johnson in the Pike Circuit Court. Bethlehem’s complaint charged that Johnson was hindering its survey efforts in preparation for deep mining of the mineral estate underlying certain property known as “Tract 42.” Johnson counterclaimed asserting ownership of the surface of Tract 42 as well as the minerals. Subsequent to the initiation of this thirty-year long…