Myer v. Curry

Opinion by

Mr. Justice Schaffer,

The action is trespass to recover treble damages for the wrongful mining by defendants of certain coal alleged to belong to plaintiff and the profits received by defendants therefrom. The verdict was in plaintiff’s favor. The court entered judgment for defendants non obstante veredicto. Plaintiff appeals.

John Penny is the common source of title of both parties to the suit. He became bankrupt and on August 31, 1878, his assignees in bankruptcy conveyed certain coal which had belonged to him to J. B. Sneathen and others. It is under this deed that appellant claims…