Rowe v. Blackburn

STEWART, Justice.

This suit was instituted to enjoin defendants from trespassing upon land claimed to be owned by plaintiffs and to recover $9,000 as the value of coal asserted to have been removed therefrom. The defense was a plea that defendants are the owners of the property upon which the alleged trespass was being committed and from which the coal had been taken. The Chancellor dismissed the petition and plaintiffs appeal from a judgment adverse to them.

Appellees allege ownership of the real estate involved through a patent of 50 acres issued by the Commonwealth of Kentucky to David Layne…