Phillips v Homfray[1] is an important landmark decision in English law of restitution.
Unbeknownst to them their neighbours, the Tredegar Iron Company, extracted 2000 tons of coal from under their farm[3] The plaintiff sought in equity an account of profits, and rent for the use of the subterranean portion of their property.
The Court of Appeal eventually found for the plaintiff, and ordered an inquiry into the value of the coal that had been mined by the defendant.
The court eventually concluded that the plaintiff could sue the deceased's estate, but only granted the first of the sought remedies.
The defense rested on the rule Actio personalis moritur cum persona.