This section contains the nature of the case and procedural background.

Appellants were owners of surface tracts located in Willow Bend subdivision in Bessemer. The surface and mineral rights were once owned by Woodward Iron Company. Woodward conveyed the surface to Patton by deed and excepted all mineral and mining rights reserving those for itself, its assigns or successors. This deed was duly recorded. Appellants are successors in title to the surface estate of Patton. In 1955, by duly recorded deed, U.S. Steel became the successor and assign of Woodward. Mining under the subdivision began on August 13, 1968, and then abandoned in 1982. Appellants purchased their homes in 1976-1981. In January 1983, residents began to report problems with their land including tremors and the appearance of surface fractures. It was determined that the ceiling of the mine had collapsed. Appellants sued for negligence, trespass, and nuisance and the trial court gave summary judgment to Ds.

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