Friday, November 11, 2011

Edwards v. Sims case brief

Edwards v. Sims

  • Thirteen years ago, D discovered cave under his land (entrance on land of D)
  • This was the "Great Oynx Cave" ( which is 3 miles from Mammoth cave.
  • D advertised the cave, and over time it became more popular.
  • D built a hotel, and improved the cave.
  • P filed suit, claiming portion of the cave was under P's land.
  • The value of the cave was said to be worth $396K
  • P wanted a survey of the cave, survey was ordered by chancellor.  P appealed, but the appeal was dismissed.
  • D seeks a writ of prohibition to prevent the judge (who is now the defendant) from enforcing the order of the survey, as well as punishing the P for contempt for any disobediance.
-Was the lower court without jurisdiction or authority to make the order, which the P claims will cause great and irreparable damage. 
-No, the survey should be made
-Ad Coelum: "to whomsoever the soil belongs, he also owns to the sky and to the depths."
-A court of equity has the inherent power to compel a mine owner to permit inspection.  However, there is a limit on this power; conditions have to be met.
-There is no difference in principle between the invasion of a mine and a cave.

Class: Property Law
Subjects: Ad Coelum Rule, Accession

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...