Chafin v. Gay Coal & Coke Co.

HatcheR, Judge:

■ This is -an' action of trespass on the case -to recover damages for an alleged'unlawful use of plaintiff’s property. The plaintiff was awarded a judgment of $2,632.41; and a writ of error was granted the defendant. ■ ■ ■ ■ - • "

This action'is the aftermath of the chancery suit between the same-parties,'reported in 109 W. Va. 453, 156 S. E. 47, which see for a detailed statement of the'matters connected with'the litigation and for a map of the lands subjected by the use. (Briefly, the defendant is the lessee of the coal on the Mounts tract of 850 acres with the usual surface…