Round Bottom Coal & Coke Co. v. Ben Franklin Coal Co.
West Virginia Supreme Court
Case certified from Circuit Court, Marshall County. Suit by the Round Bottom Coal & Coke Company and others against the Ben Franklin Coal Company 'of West Virginia. Case certified as to correctness of order overruling defendant’s demurrer.
1Opinion of the Court
MilleR, Judge:
The circuit court has certified to us the correctness of its ruling upon .the defendants’ demurrer to plaintiffs’ bill.
The main object of the bill was to set aside and have removed as clouds upon plaintiffs’ title to the coal under a tract of land known as the “Potts Tract’’, situated in Marshall County, two deeds dated April 14, 1919, of record in said county, in Deed Book Number 155, at pages 51 and 53 respectively; the first executed by defendant Kate Higgins, *260widow of the late John Higgins, to the defendant Ben Franklin Coal Company of West Virginia; the second executed by…
2Cases cited3 opinions
- Moore v. McNuttWest Virginia Supreme Court · 1896
- Sansom v. BlankenshipWest Virginia Supreme Court · 1903
- Woodward v. WoodwardWest Virginia Supreme Court · 1886
3Cited by2 opinions
- Todd v. Manufacturers Light & Heat Co.West Virginia Supreme Court · 1922
- Carroll v. FlanaganWest Virginia Supreme Court · 1951