- Thirteen years ago, D discovered cave under his land (entrance on land of D)
- This was the "Great Oynx Cave" (http://en.wikipedia.org/wiki/Great_Onyx_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.
-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.
Class: Property Law
Subjects: Ad Coelum Rule, Accession