Legal Opinion

Horse Creek Coal Land Co. v. Alderson

Court of Appeals for the Fourth Circuit

Decided April 16, 1920No. 1717PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller, Judge. Suit in equity by the Horse Creek Coal Hand Company against George P. Alderson and others. Decree for defendants, and complainant appeals.

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Appeal from the District Court of the United States for the Southern District of West Virginia, at Charleston; Benjamin F. Keller, Judge. Suit in equity by the Horse Creek Coal Hand Company against George P. Alderson and others. Decree for defendants, and complainant appeals. This is a suit instituted in the District Court of the United States for the Southern District of West Virginia, by the appellant, the Horse Creek Coal Land Company, as a privy in interest and estate of A. P. Levassor, executor and trustee, for-the purpose of carrying into execution a former decree of the Circuit Court…

1Opinion of the CourtPritchard, Circuit Judge

(after stating the facts as above).^ The facts of this case are numerous and more or less complicated. A consideration of the same has involved much study and investigation on the part of the court. However, in the last analysis, the case, in our opinion, turns on one point, to wit, as to whether the appellant is precluded by the judgment of the Supreme Court of West Virginia, in the case of Shrewsbury, Trustee, v. Horse Greek Coal Land Co., 78 W. Va. 182, 88 S. E. 1052, wherein it was held that:

“J. O. Alderson and R. 0. McClaugberty, on the 3d. day of January, 1898, and for many years…

2Cases cited7 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. Dowell v. ApplegateSupreme Court of the United States · 1894
  3. Rogers v. HigginsIllinois Supreme Court · 1870
  4. Phelan v. GardnerCalifornia Supreme Court · 1872
  5. Alderson v. Horse Creek Coal Land Co.West Virginia Supreme Court · 1917

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3Cited by6 opinions

  1. Watkins v. Siler Logging Co.Washington Supreme Court · 1941
  2. Donald v. J. J. White Lumber Co.Court of Appeals for the Fifth Circuit · 1934
  3. Ambatielos v. Foundation Co.New York Supreme Court · 1952
  4. California Bank v. TraegerCalifornia Supreme Court · 1932
  5. Garden Suburbs Golf & Country Club, Inc. v. MurrellCourt of Appeals for the Fifth Circuit · 1950

1 more not listed; retrieve them via the Exa API.

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