Pioneer Coal Co. v. Ward

FORD, District Judge.

This is an action in ejectment. The plaintiff asserts title to and seeks to recover possession of a tract of land alleged to be in the possession of the defendants. The tract involved contains about 58% acres, and it is said to be underlaid with a valuable seam of coal. Defendants deny that plaintiff is the owner of or is entitled to possession of the claimed land. Federal jurisdiction arises from diversity of citizenship of the parties and the value of the matter in controversy. 28 U.S.C.A. § 41 (1).

By agreement of the parties, the trial was to the Court without the…