Hughes v. Chaplin

Opinion by

Mr. Justice Arnold,

In this action of trespass plaintiff seeks damages for defendants’ removal of coal allegedly owned by her. She now appeals from an order of the court below refusing her motion to take off compulsory nonsuit entered after the close of her testimony.

The record establishes that certain coal lands were sold to the county commissioners at treasurer’s sale in 1930, the coal having been assessed as “W. W. McEwen Estate, mineral S. Walker, 500 acres.” The court having overruled defendants’ objections thereto, this deed was admitted in evidence; and plaintiff then sought…