Farra v. Johnson

SIMS, Judge.

The sole question before us on this appeal is whether or not a tipple, sidetrack and other improvements used in connection with the operation of a coal mine materially enhanced the vendible value of the allegedly jointly owned land. It is insisted by the joint tenants who made the improvements that the court in partitioning the land should have alloted them the portion upon which the improvements *571stand. On conflicting evidence the trial judge held the tipple and other improvements had not enhanced the vendible value of the land after the coal was exhausted and refused to so allot…