Ashurst v. Cooper's Administrators

Opinion op the Court by

Commissioner Sandidge

Reversing.

Appellant, Rufe Ashnrst, instituted this action at law in the Pulaski circuit court to recover from J. S. Cooper $3,313.96, the amount alleged to be due us damages for trespass committed by the latter by entering upon and into the mineral estate of the former and mining, removing and selling a lot of coal therefrom and converting its proceeds to his own use. Appropriate pleadings made the issues on the questions hereinafter discussed, and the trial before a jury resulted in a verdict and judgment for defendant. It may he stated that before…