PYRAMID COAL CORP. v. PRATT

No. 28,815.

229 Ind. 648 (1951)

99 N.E.2d 427

PYRAMID COAL CORPORATION v. PRATT.

Supreme Court of Indiana.

Rehearing denied October 2, 1951.


Attorney(s) appearing for the Case

Robert S. Ratcliffe, Thomas P. Gallagher and Adamson & Adamson, all of Terre Haute, for appellant.

Fansler, Fauvre, Young & Chambers, of Indianapolis; Ben F. Small, Jr., and Thomas F. O'Mara, both of Terre Haute for appellees.


GILKISON, J.

On October 1, 1904, Harlan Price and his wife, Rosa Price, as tenants by the entireties, owned the fee simple title to 24 acres of land in Vigo County, Indiana. On that date they conveyed the coal lying in and under that real estate to Julius Ehrlich by warranty deed. No effort was made to mine the coal until on or about August 21, 1940, when appellant became the owner, through a series of mesne conveyances,...

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