Neal Coal Co. v. Virginian Railway Co.

Miller, Judge :

By this suit the plaintiff sought to enjoin an action of as- ■ smnpsit being prosecuted against it by the defendant, and to have decreed specific performances of a certain contract relied on to defeat the action at law. From a decree of the circuit court adjudicating the rights of the parties and referring the cause to a commissioner, the defendant has appealed.

The bill filed in the cause alleges that on June 15, 1903, the Rock House Fork Land Company, plaintiff’s lessor, executed to the Deepwater Railway Company, the predecessor in title to the railway property now owned by…