Squires v. Lafferty

• Decision Date: 09 January 1924
• Docket Number: (No. 4777.)
• Citation: 121 S.E. 90
• Court: West Virginia Supreme Court
• Parties: SQUIRES et al. v. LAFFERTY et al.

121 S.E. 90

SQUIRES et al.

v.LAFFERTY et al.

(No. 4777.)

Supreme Court of Appeals of West Virginia.

Jan. 9, 1924.

(Syllabus by the Court.)

Appeal from Circuit Court, Wyoming County.

Suit by Andrew Squires and another against Rice Lafferty and another. From a decree dissolving a temporary injunction, plaintiffs appeal. Reversed, and temporary injunction perpetuated.

J. Albert Toler, of Mullins, for appellants.

LITZ, J. The plaintiffs by their bill allege that H. P. Brooks, being the owner in fee of 137 acres of land situated on the waters of Guyan river, in Wyoming county, by deed of August 23, 1913, conveyed to Jackson Lafferty "the surface" of 31 acres thereof, reserving and excepting "the privilege and right of mining all mineral under said surface, " and Jackson Lafferty and wife, by deed of September 21, 1916, conveyed to the plaintiff,. Andrew Squires, 27.95 acres of the 31 acres of surface;' that by deed of February 23, 1914, H. P. Brooks conveyed to H. G. McGraw "the surface only" of another portion of the 137 acres, as containing 65 acres; that H. G. McGraw and wife, by deed dated March 2, 1917, conveyed to Goodall Lafferty and Mary Lafferty 5 acres of the 65 acres surface, and that Good-all Lafferty and Mary Lafferty, by deed of March 15, 1920, conveyed 4 acres of the 5 acres surface to defendant Rice Lafferty, who thereafter by deed of April 7, 1920, granted the same to the defendant Martin Lafferty; that by deed of November 15, 1915, H. P. Brooks conveyed all the coal, oil, gas, and other minerals in, on, and underlying the entire 137 acres, together with mining rights and right of way, to C. H. Meade, who thereafter, by deed of February 19, 1917, conveyed the same to the plaintiff, Milam's Fork Smokeless Coal Land Company.

The plaintiffs further allege that they own in severalty, adjacent to the 137 acres, large boundaries of coal and mineral lands, and, acting together, on the 23d day of June, 1922, entered into a contract agreeing to lease to one John Laing and associates certain portions of their respective coal and mineral lands, including the 137 acres, for the purpose of mining and removing coal from what is known as the "Sewell seam, " the optionees being given the right to test, by drilling, the thickness of this seam of coal before electing to accept the lease; that in the course of the drilling to be done for that purpose it will be necessary to put down test holes on the 137-acre tract; that the machinery and equipment necessary for drilling on this tract must be transported over a road leading from the public highway across the 4-acre surface tract, but that defendants have by threats and acts of violence against the employees of plaintiffs prevented the plaintiffs from so using such way.

The judge of the circuit court of Wyoming county, in vacation, August 22, 1922, awarded a temporary injunction as prayed for in the bill, enjoining...