Browning v. Boswell
Court of Appeals for the Fourth Circuit
Appeals from the District Court of the United States for the West-tern District of Virginia, at Uynchburg; Henry Clay McDowell, Judge. Suit in equity by Thomas T. Boswell, Merville H. Carter, and Andrew C. Snyder against the Big Vein Pocahontas Coal Company, in which Ollie H. Browning, and James S. Browning, Jr., an infant, by James S. Browning, his next friend, were interveners. Suit by the Colonial Trust Company against the Big Vein Pocahontas Coal Company.
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Appeals from the District Court of the United States for the West-tern District of Virginia, at Uynchburg; Henry Clay McDowell, Judge. Suit in equity by Thomas T. Boswell, Merville H. Carter, and Andrew C. Snyder against the Big Vein Pocahontas Coal Company, in which Ollie H. Browning, and James S. Browning, Jr., an infant, by James S. Browning, his next friend, were interveners. Suit by the Colonial Trust Company against the Big Vein Pocahontas Coal Company. Suits consolidated. From the decree, interveners appeal.
1Opinion of the Court
DAYTON, District Judge.
This record is voluminous. It comprises more than 1,500 printed pages. A number of questions are raised touching the jurisdiction of the court and the pleadings allowed to be made. We will not undertake to discuss many of these questions, not because we have not carefully considered them, but because, in our view of the true solution of the controversy, this discussion and determination become unnecessary.
The material facts, as briefly summarized as possible, may be stated to be these: Mrs. Browning is the owner of two tracts, and, as tenant in common with her infant…
2Cases cited13 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Steelsmith v. GartlanWest Virginia Supreme Court · 1898
- Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
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3Cited by3 opinions
- In Re JacobsDistrict Court, N.D. Illinois · 1934
- Graham v. SmithSupreme Court of Virginia · 1938
- Payne v. BeardCourt of Appeals for the Eighth Circuit · 1917