Pioneer Coal Co. v. Taylor & Crate

MOORMAN, Circuit Judge.

The subject of this litigation is a tract of about 77 acres of land included in a larger body of 1,400 acres, of which appellee claims possession and ownership. It is also embraced in a tract of 93.4 acres claimed by appellant. The suit was commenced by bill in equity to enjoin appellant from trespassing on the land described therein and to quiet appel-lee’s title to it. The answer and counterclaim asserted appellant’s ownership of the 93.4-aere tract, and prayed that its title thereto be quieted.

The lower court found that appellee had been in the actual, continuous,…