Barker v. Mintz

Jennie Mintz obtained a permanent injunction against Wright Barker, restraining him from stripping the earth from above a vein of coal on certain land of which she owned the surface and he the coal. He brings error. The essential facts are these: The Union Pacific Land Company conveyed the land in question, “Excepting and reserving, 1st, All oil, coal and other minerals within and underlying said lands:

*2642nd, The exclusive right to prospect in and upon said lands for oil, coal and other minerals therein or which may be supposed to be therein and to mine for and remove from said lands all oil,…