Borderland Coal Sales Company v. Walker

Opinion op the Court bt

Commissioner Hobson

Reversing.

The Borderland Coal Sales Company brought this action against H. A. Walker. It is alleged in the petition that it was a corporation organized under the laws of Ohio and that it was the owner and in the actual possession of 32 mine cars and certain other personal property situated on land owned by it in Harlan county; that on September 1, 1922, a suit was filed in the Harlan circuit court by Byrd Hansley, etc. v. the Can-Bit Coal C'o., etc., to which action the plaintiff was not a party; that the suit resulted in a judgment and order of sale…