Mountain Mission School, Inc. v. Buchanan Realty Corp.

Lester Coal Company, Incorporated, instituted this proceeding by filing a petition against Mountain Mission School, Incorporated, and Buchanan Realty Corporation, praying for a declaratory judgment as to which of the two defendants was the rightful owner of the coal and minerals underlying 115.63 acres of land located on Knox Creek, in Buchanan County, Virginia. The petitioner alleged that it had leased the coal and minerals from each of the defendants, and that each claimed ownership and the profits therefrom.

Mountain Mission School demurred to the petition on the ground that it was an…