Fordson Coal Co. v. Kentucky River Coal Corporation

SIMONS, Circuit Judge.

The suit below, in which the appellant was plaintiff, was begun at law as an action for damages on an implied contract for the value of staves made from timber wrongfully cut from the plaintiff’s land, tho tort being waived. The plaintiff having contemporaneously filed a bill in equity against the Kentucky River Coal Corporation, one of the defendants, to restrain the cutting of timber upon the plaintiff’s land, the law case was by agreement transferred to the equity docket, tho two cases consolidated for trial, and decided upon separate findings of fact and conclusions…