American Ass'n v. Eastern Kentucky Land Co.
U.S. Circuit Court for the District of Western Virginia
This was a suit by the American Association, limited, against the East era Kentucky Land Company and others for the partition of lands. The Eastern Kentucky Land Company filed its answer denying plaintiff’s title, and thereupon demurred to the bill for want of jurisdiction.
1Opinion of the Court
PAUL, District Judge.
This is a chancery suit brought by the complainant company against the Eastern Kentucky Land Company and others for the partition of a tract of 100 acres of land lying near Cumberland Cap, in Lee county, Va., and also praying for an injunction to prevent waste on said land; but, there being no proof of any waste committed, it is not necessary to consider this question in the proceedings.
The complainant alleges that it is a joint tenant or tenant in common with the defendants in said land. It also claims that it is the owner of a right of way for a railroad tunnel through…
2Cases cited8 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Neves v. ScottSupreme Court of the United States · 1852
- Livingston v. StorySupreme Court of the United States · 1835
- Rich v. BrayU.S. Circuit Court for the District of Western Missouri · 1889
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3Cited by3 opinions
- Carlson v. SullivanCourt of Appeals for the Ninth Circuit · 1906
- Becker-Franz Co. v. Shannon Copper Co.Court of Appeals for the Ninth Circuit · 1919
- Heinze v. Butte & Boston Consolidated Min. Co.Court of Appeals for the Ninth Circuit · 1903