QUARTO MINING CO. v. LITMAN

Nos. 74-251 and 74-316.

42 Ohio St. 2d 73 (1975)

QUARTO MINING CO., APPELLANT, v. LITMAN, APPELLEE. QUARTO MINING CO., APPELLEE, v. LITMAN, APPELLANT.

Supreme Court of Ohio.

Decided April 16, 1975.


Attorney(s) appearing for the Case

Messrs. Sherry & Yoss and Mr. Allan Sherry, for Asher and Juanita Litman.

Messrs. Thornburg & Furbee, Mr. Carter Thornburg, Messrs. Thomas & Thomas and Mr. Harold B. Thomas, for Quarto Mining Company.


STERN, J.

The dispute in these cases is between the owner of recoverable coal and of mining rights to the coal, and the owners of the surface land overlying that coal. Plaintiff seeks to obtain title or use of a strip of defendants' lands in order to construct a belt line to transport its coal, under the provisions of two 1906 deeds; defendants claim that the rights to use of the surface estates granted by those deeds are void.

The relevant provisions of the...

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