Payne v. Consolidation Coal Co.

MEMORANDUM OPINION

GLEN M. WILLIAMS, District Judge.

I. INTRODUCTION

The plaintiffs in this case are attempting to collaterally attack and have set aside a decree entered by the Circuit Court of Tazewell County, Virginia which ratified, approved, and confirmed a proposed lease of infants’ mineral rights to the defendant, Consolidation Coal Company. The plaintiffs have moved for summary judgment on the ground that the decree entered by- the state court, as well as the lease of the mineral interests, are void because of failure of the parties to comply with the then-applicable Virginia statutes.…