Caledonian Coal Co. v. Rocky Cliff Mining Co.

Citations

• 16 N.M. 517

Syllabus

<p>SYLLABUS. (BY THE COURT).</p> <p>1. Coal and minerals in place are land and their removal by a trespasser constitutes a permanent injury to the freehold for which the owner of the fee is alone entitled to recover damages.</p> <p>2. Proóf of more than simple possession of the land upon which trespasses complained of are committed, is necessary to support an action brought to- recover the value-of coal unlawfully extracted by trespassers and converted io their own use.</p> <p>3. Where A. goes into possession of land in pursuance of an agreement to purchase the land of B., the owner 1 hereof, and with B.’s consent, begins to mine coal therefrom, A.’s possession is that of a mere licensee.</p> <p>4. A license to mine coal does not convey or grant to the licensee any interest in the coal until the licensee has mined it.</p> <p>5. A right of action for a trespass to land is not assigned' by a subsequent conveyance of the land. Following U. S. v. Loughren, 172 ü. S. 206.</p> <p>6. The plaintiff entered into possession of the land pursuant to an agreement or understanding with the owner for the purchase of the same. It knew in August,-1904-, that defendants had, and were then taking coal from the land. On April 11th, 1905, it took a deed from the owner for the land: Held that, in the absence of a binding contract between plaintiff and its vendor for the purchase of the land, prior to the discovery by plaintiff that the defendants had taken coal from the land, it could not recover for the value of the coal taken- by defendants prior to the date it acquired title.</p> <p>7. The evidence in this case examined and, held, that the trial court committed- error as to the amount of coal for which a recovery was allowed.</p> <p>8. The evidence held- to support a finding by the trial court that plaintiff is entitled to recover 12% cents per ton for the coal taken by defendants.</p>