Brockman v. Jones

HOWARD, Judge.

Mr. and Mrs. Brockman appeal from a judgment in the Jackson Circuit Court wherein it was held that they had no title to coal rights under a surface tract owned by them, either by deed or adverse possession. We affirm.

Nearly eighty years ago, one Mason Jones, then owner of the property in question, conveyed it to the Brockmans’ predecessors in title, specifically reserving “all coal in the above described land with right of way for mining and carrying same.” The Brockmans eventually obtained the property from two sources. Neither deed showed a reservation. Evidently the…