Summary

Kinney-Coastal Oil Company v. Kieffer…

With this understanding of the situation and of the chief object of the suit, we think it plain that the plaintiffs were entitled to the interposition and aid of a court of equity to prevent the threatened occupancy and use of the surface for purposes incompatible with their right to continue the mining operations under the lease and to make any necessary use of the surface. Certainly they were without the plain, adequate, and complete remedy at law which, under section 267 of the Judicial Code (28 USCA § 384) , precludes resort to a suit in equity.
Source: Wikisource

Kinney-Coastal Oil Company v. Kieffer…

The lease held by the plaintiffs and the homestead patent issued to Kieffer were drafted in keeping with the acts thus understood. In both the required reservations are plainly expressed. Under the lease the plaintiffs have the right to extract and remove the oil and gas as also the appurtenant right to use the surface so far as may be necessary. In the homestead patent these rights are distinctly excepted and reserved from the estate thereby granted. Their exercise involves no taking of anything granted by the patent.
Source: Wikisource

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