Brown v. Harvey Coal Corp.

ANDREW M. J. COCHRAN, District Judge.

This is an action of ejectment submitted to me for trial and judgment; a jury being waived. The land sought to be recovered is situated on the waters of First and Lost creeks in Perry county in this district, and contains 23.03 acres. It is, or rather was, valuable coal land, and the petition seeks to recover also $253,000 damages for entering thereon and removing coal therefrom.

The petition does not set forth the plaintiffs’ title to the land. It merely alleges generally that they are the owners and entitled to the possession. This allegation is met by a…