Legal Opinion

White Flame Coal Co. v. Burgess

West Virginia Supreme Court

Decided March 16, 1920PublishedCited by 19 opinions

Error to Circuit Court, Kanawha County. Ejectment by tlie White Flame Coal Company against Emma Burgess and others. Judgment for defendants upon a directed verdict, and plaintiff brings error.

1Opinion of the Court

POEEENBAGER, JüDGE:

The two principal inquiries arising on this writ oí error tó a judgment in an action of ejectment to recover the coal in a certain tract of land, rendered on a verdict found for the defendants by direction of the court, are whether they have acquired' title to it by adverse possession, and whether the title of the plaintiff has been forfeited to the State, by reason of non-entry thereof for taxation.

While the declaration calls for the coal in two tracts of land, the areas of which are not stated, the controversy seems to be limited to the coal in a tract containing about 66…

2Cases cited14 opinions

  1. Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
  2. Sult v. A. Hochstetter Oil Co.West Virginia Supreme Court · 1908
  3. Webb v. RitterWest Virginia Supreme Court · 1906
  4. Cook v. Raleigh Lumber Co.West Virginia Supreme Court · 1914
  5. Stockton v. MorrisWest Virginia Supreme Court · 1894

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Cotiga Development Co. v. United Fuel Gas Co.West Virginia Supreme Court · 1962
  2. Sally-Mike Properties v. YokumWest Virginia Supreme Court · 1985
  3. Pearson v. DoddWest Virginia Supreme Court · 1975
  4. MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
  5. Central Trust Co. v. HarlessWest Virginia Supreme Court · 1930

14 more not listed; retrieve them via the Exa API.

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